Schubach v. McDonald
Supreme Court of Missouri
Prohibition. (1) There is no primary equity m the petition for injunction, and no existing controversy as to present existing property rights. State ex rel. v. Ross, 122 Mo. 457; State ex rel. v. Moore, 155 Mo. 445. (2) The writ of prohibition in Missouri is one of common-law and statutory right, and lies to restrain an inferior court from unauthorized acts, in cases of which such court has jurisdiction, as well as in those of which it has none.
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Prohibition. (1) There is no primary equity m the petition for injunction, and no existing controversy as to present existing property rights. State ex rel. v. Ross, 122 Mo. 457; State ex rel. v. Moore, 155 Mo. 445. (2) The writ of prohibition in Missouri is one of common-law and statutory right, and lies to restrain an inferior court from unauthorized acts, in cases of which such court has jurisdiction, as well as in those of which it has none. It lies in cases of excess of jurisdiction as well as want of jurisdiction. Railroad v. "Ware, 135 Mo. 230; Spelling on Ex. Remedies, sec. 1726; R.…
1Opinion of the CourtMarshall, J.
— These are original proceedings against the defendant judges of the circuit court of the city of St. Louis, to prohibit them from further entertaining jurisdiction in certain injunction suits, pending before them, in said court, wherein the railroads that are joined as defendants are plaintiffs, and the plaintiffs herein are the defendants. A preliminary rule was issued by one of the judges of this court, the defendants made return thereto, and the plaintiffs moved for judgment upon the pleadings.
The controversy is this:
The defendant railroads have systems extending over a large portion of…
2Cases cited10 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Davison v. HoughSupreme Court of Missouri · 1901
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3Cited by26 opinions
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
- Iowa Natural Resources Council v. Van ZeeSupreme Court of Iowa · 1968
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
21 more not listed; retrieve them via the Exa API.