# Bastan v. Board of Trustees

> Missouri Court of Appeals · March 4, 1901 · 88 Mo. App. 22

URL: https://www.frixlaw.com/law-library/cases/8262636

## Case

- **Full name:** CAROLINE BASTAN v. BOARD OF TRUSTEES OF THE FIREMAN'S FUND
- **Court:** Missouri Court of Appeals
- **Decided:** March 4, 1901
- **Citations:** 88 Mo. App. 22; 1901 Mo. App. LEXIS 7
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Goode
- **Judges:** Goode
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8262636

## Opinion text

GOODE, J.
This is an appeal from an order of the circuit court denying the appellant’s application for an alternative writ of mandamus against the respondents to compel them to direct the payment to her of a sum of money alleged to be due and owing to her from the Firemen’s Fund gs the widow of Matthew Buchanan, a deceased fireman. An appeal lies from a judgment awarding and refusing a peremptory mandamus. Lewis v. Price, 11 Mo. 398 ; State ex rel. v. Horner, 10 Mo. App. 307 . The law in this State is that it will not lie from a judgment denying an alternative writ. Shrever v. Livingston, 9 Mo. 196 ; Ex parte Skaggs, 19 Mo. 339 ; State ex rel. v. Bowerman, 10 Mo. App. 576 .
Persuasive authorities from other jurisdictions are cited *25 announcing a different rule, but we are bound by what has been decided by the tribunal whose rulings we must follow. The appeál is dismissed.
All concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8262636. Public record. Not legal advice.