State ex rel. Evans & Howard Fire Brick Co. v. Lubke

85 Mo. 338 | Mo. | 1884

Sherwood, J.

The circuit court properly granted an appeal and supersedeas in the case of the St. Louis & San Francisco Railway Company, for the reasons given in that case. But wh.eth.er that appeal was properly granted or not, does not affect the disposition to be made oí this mandamus proceeding. Such a proceeding is not allowable where the party has a remedy by appeal or writ of error. Blecker v. St. Louis Law Com., 30 Mo. Ill.

The judgment of the court of appeals is, therefore, affirmed.

All concur.