Missouri Statute | Act | Code |Statutory Actions And Torts| US Code - US Statute

Where any writ of mandamus shall be issued out of any court in
this state, or by any judge thereof in vacation, directed and delivered
to any person who, by law, is required to make return of such writ, such
person shall make his return to the first writ of mandamus. (RSMo 1939 §
1696)

Prior revisions: 1929 § 1532; 1919 § 1982; 1909 § 2546

When any writ of mandamus shall be issued, and return shall be
made thereto, the person suing out or prosecuting such writ shall plead
to or traverse all or any of the material facts contained in such return.
(RSMo 1939 § 1697)

Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547

The persons making such return shall reply, take issue or direct
a motion to the pleading of the party suing out or prosecuting such writ.
(RSMo 1939 § 1698, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1534; 1919 § 1984; 1909 § 2548

Such further proceedings shall be had therein for the
determination thereof, and in such manner as might be had if the person
suing out such writ had brought his civil action for false return. (RSMo
1939 § 1699)

Prior revisions: 1929 § 1535; 1919 § 1985; 1909 § 2549

If any issue shall be joined upon such proceedings, the person
suing out such writ shall try the same in the court from which such writ
of mandamus issued. (RSMo 1939 § 1700)

Prior revisions: 1929 § 1536; 1919 § 1986; 1909 § 2550

In case a verdict shall be found for the person suing out such
writ, or judgment be given for him on motion to dismiss, or by nihil
dicit, or for want of a replication or other pleading, he shall recover
his damages and costs, in such manner as he might do in a civil action
for a false return, and the same may be levied by execution, as in other
cases. (RSMo 1939 § 1701, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1537; 1919 § 1987; 1909 § 2551

A peremptory writ of mandamus shall be granted, without delay,
for him for whom judgment shall be given, as might have been if such
return had been adjudged insufficient. (RSMo 1939 § 1702)

Prior revisions: 1929 § 1538; 1919 § 1988; 1909 § 2552

In case judgment shall be given for the person making the return
to the writ, he shall recover his costs of suit, to be levied by
execution as in other cases. (RSMo 1939 § 1703)

Prior revisions: 1929 § 1539; 1919 § 1989; 1909 § 2553

If any damages shall be recovered, by virtue of this chapter,
against any person making return to such writ, he shall not be liable to
be sued in any other action or suit for making such return. (RSMo 1939 §
1704)

Prior revisions: 1929 § 1540; 1919 § 1990; 1909 § 2554

The court issuing any writ of mandamus may allow the person to
whom such writ shall be directed, or other person who shall sue out or
prosecute the same, such convenient time, respectively, to make return,
plead, answer, reply or direct a motion to a pleading, as to the court
shall seem just and reasonable. (RSMo 1939 § 1705, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1541; 1919 § 1991; 1909 § 2555

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