Astor v. Chambers
| Decision Date | 31 May 1822 |
| Citation | 1 Mo. 191 |
| Parties | ASTOR v. CHAMBERS. |
| Court | Missouri Supreme Court |
M'GIRK, C. J.
The first question, and the only question necessary to be decided, is, is the decision or order in the case such as a writ of error will lie on? The words of the order are: it is ordered that the said suit be stricken from the docket of this court. This is not a decision of the court in the cause, but a refusal to proceed; and if it can be redressed, it must be by a mandamus, and not by a writ of error.(a) This writ must be dismissed.
(a). See Collier v. Wheldon et al., 1 Mo. 1 and note a
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7 cases
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State ex rel. Potter v. Riley
...with a cause properly before it, which it has improperly dismissed or dropped from its docket. Miller v. Richardson, 1 Mo. 310; Astor v. Chambers, 1 Mo. 191; State rel. v. O'Brien, 102 Mo. 254; State ex rel. v. Cape Girardeau Court, 73 Mo. 560; State ex rel. v. Neville, 157 Mo. 386; State e......
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State ex rel. Bayha v. Philips
... ... for reasons insufficient in law, it will be compelled by ... mandamus to reinstate and decide it. Astor v ... Chambers, 1 Mo. 191; Miller v. Richardson, 1 ... Mo. 310; Castello v. Circuit Court, 28 Mo. 259; Ex ... parte Cox, 10 Mo. 742; State ... ...
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Nordquist v. Armourdale State Bank
...was rendered on November 3 or 5, from which no appeal or writ of error was taken. Plaintiff has mistaken her remedy. The case of Astor v. Chambers, 1 Mo. 191, is in point. The whole reported opinion in that case reads as follows: "The first question, and the only question necessary to be de......
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State v. McElhinney
...such determination shall be. State ex rel. v. Cape Girardeau Court of Common Pleas, 73 Mo. 560; State ex rel. v. Philips, supra; Astor v. Chambers, 1 Mo. 191; Miller v. Richardson, 1 Mo. 310; State ex rel. v. Cave, 272 Mo. 653, 199 S. W. 1014; State ex rel. v. Neville, 157 Mo. 386, 57 S. W.......
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