(Download) "State Ex Rel. Alice Means v. Honorable" by Western District Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Alice Means v. Honorable
- Author : Western District Court of Appeals of Missouri
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Charles Shangler, Presiding Judge Our preliminary rule in mandamus issued to command the respondent circuit Judge to set aside an order of remand to the associate circuit Judge for execution of a default judgment rendered by the small claims court but taken to the respondent circuit Judge for trial de novo under § 482.365, RSMo 1986. We determine that a circuit court has no power of remand of a cause vested for trial de novo from a small claims court under chapter 482. Accordingly, our preliminary rule in mandamus is made peremptory. The pretended order of remand was meant to redress a perceived unfairness in the adjudication by the small claims court of the judgment then before the respondent circuit Judge on trial de novo: It meant to restore to small claims plaintiff McKinzy for execution a judgment by default for $1000 entered by the associate circuit Judge then set aside ""for good cause shown"" - but without prior notice to the plaintiff - and then on the evidence of the parties readjudicated as a judgment for the plaintiff for $400.
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