State v. Walbridge
Decision Date | 19 June 1893 |
Parties | STATE ex rel. BRENNAN v. WALBRIDGE, Mayor. |
Court | Missouri Supreme Court |
22 S.W. 893
116 Mo. 656
STATE ex rel. BRENNAN v. WALBRIDGE, Mayor.
Supreme Court of Missouri, Division No. 1.
June 19, 1893.
CERTIORARI — WHEN ALLOWED BY SUPREME COURT.
Where, on application to the supreme court for a writ of certiorari, it appears that the circuit court had the power to issue the writ as prayed for, and that the cause was not one of more than ordinary importance, the writ will be denied.
Petition by the state, by its relator, one Brennan, against one Walbridge, mayor, for a writ of certiorari. Writ denied.
M. B. Jonas and John M. Glover, for relator. W. C. Marshall, for respondent.
PER CURIAM.
The crowded condition of the docket of this court makes it necessary for us to adhere to the rule heretofore declared, that this court will not entertain applications for extraordinary remedies where the applications can be made to the circuit court in the first instance, unless the case is one of more than ordinary magnitude and importance. State v. County Court of Cooper County, 64 Mo. 170. An examination of the petition filed in this case shows that the circuit court has the power to issue the writ of certiorari prayed for, and the case is not one of more than ordinary importance. For these reasons the writ is denied. All concur.
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