State ex rel. Klotz v. Ross
Supreme Court of Missouri
Mandamus. (1) Mandamus is a proper remedy to test the right of relator to the possession of the property committed to his charge by the Stoddard court as its executive officer, or its hand; and more especially is this true under circumstances of a case where the contest is between two courts of co-ordinate jurisdiction involving priority of right and over which this court alone by the terms of the constitution has supervising and superintending control.
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Mandamus. (1) Mandamus is a proper remedy to test the right of relator to the possession of the property committed to his charge by the Stoddard court as its executive officer, or its hand; and more especially is this true under circumstances of a case where the contest is between two courts of co-ordinate jurisdiction involving priority of right and over which this court alone by the terms of the constitution has supervising and superintending control. Com. v. Denison, 24 How. 66; Lagrange v. State Treasurer, 24 Mich. 468; Tawas v. Bailroad, 44 Mich. 479; State v. Baggott, 96 Mo. 71;…
1DissentShebwood, J.
I was unable to concur in the first opinion delivered in this cause, and am equally unable to concur in the present one, which differs in some particulars from the one now delivered. Owing to the importance of the principles involved, I have thought it best to give some expression to my views and to the reasons why I cannot agree to what has been said in. the májority opinion.
And, first, as to the priority of jurisdiction; which court acquired it?
That the petition of Merriam wás prior in point .of time as to its filing, stands admitted; and it has recently been determined by this court that a…
2Cases cited46 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Virginia v. RivesSupreme Court of the United States · 1880
- Windsor v. McVeighSupreme Court of the United States · 1876
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Riggs v. Johnson CountySupreme Court of the United States · 1868
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