State ex rel. Nolte v. McQuillin
Supreme Court of Missouri
Mandamus. (1) The fact that constitutional questions had been injected into the case pending before respondent, and were being considered by him before the jurisdiction of the St. Louis Court of Appeals was invoked, operated to oust said court of all jurisdiction over the subject-matter of the controversy, and the ex parte writ of prohibition issued by said court was and is void for that reason.
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Mandamus. (1) The fact that constitutional questions had been injected into the case pending before respondent, and were being considered by him before the jurisdiction of the St. Louis Court of Appeals was invoked, operated to oust said court of all jurisdiction over the subject-matter of the controversy, and the ex parte writ of prohibition issued by said court was and is void for that reason. Constitution, Amendment of 1884, Sec. 5; State ex rel. v. Nortoni, 201 Mo. 24. (2) Independent of the above, the fact that the appeal has been allowed to this court, and that the case is now actually…
1Opinion of the CourtBrown, J.
Mandamus to compel the respondent as judge of the circuit court of St. Louis City, to settle, sign and file a bill of exceptions, in a cause appealed to this court.
The proceedings which led up to the issue of our alternative writ are as follows:
On March 17, 1911, and during the March term, 1911, of the probate court of St. Louis City, the relator, Louis Nolte, in his official capacity as'sheriff of St. Louis City, filed an information in said court under the provisions of Secs. 474 and 477, R. S. 1909, alleging that one Clara E. Taylor, a resident of said city, was a person of unsound mind…
2Cases cited6 opinions
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Dutcher v. HillSupreme Court of Missouri · 1860
- In re Estate of StromSupreme Court of Missouri · 1908
- In re MarquisSupreme Court of Missouri · 1885
- Crouse v. GreensfelderMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Solomon v. Moberly Light & Power Co.Supreme Court of Missouri · 1924
- State ex rel. Paxton v. GuinotteSupreme Court of Missouri · 1914
- Bonnet v. StateNew Jersey Superior Court Appellate Division · 1976
- State Ex Rel. Townsend v. HoltcampSupreme Court of Missouri · 1932
- State Ex Rel. Wilkerson v. SkinkerSupreme Court of Missouri · 1939
7 more not listed; retrieve them via the Exa API.