Legal Opinion

State ex rel. Gavin v. Muench

Supreme Court of Missouri

Decided February 2, 1910PublishedCited by 12 opinions

Prohibition. (1) The application for this writ was timely and the case should he considered on its merits. State ex rel. v. Rombauer, 105 Mo. 105; State ex rel. v. Elkin, 130 Mo. 90; Barnes v. Gottschalk, 3 Mo.

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Prohibition. (1) The application for this writ was timely and the case should he considered on its merits. State ex rel. v. Rombauer, 105 Mo. 105; State ex rel. v. Elkin, 130 Mo. 90; Barnes v. Gottschalk, 3 Mo. App. 115; Olive v. Snider, 176 Mo. 63. (2) The rule should he made absolute, as the'circuit court of the city of St. Louis was without jurisdiction to try the case: for (a) The case was one whereby the title to real estate, situated entirely without the city of St. Louis and in the county of St. Louis, may be affected. R. S. 1899, sec. 564; Castleman v. Oastleman, 184 Mo. 432; State ex…

1Opinion of the CourtWoodson, J.

At the suggestion of relator, made in his petition filed herein, on July 23, 1909, one of the judges of this court issued a preliminary rule to respondents, requiring them to show cause why a writ of prohibition should not issue herein made returnable October 12, 1909.

The facts, as appear from the petition and the return made thereto, are substantially as follows:

Hugo Muench, one of the respondents, at all the times herein mentioned, was one of the judges of the circuit court of the city of St. Louis, and the other respondents, as well as the relator, were residents of said city. On December…

2Cases cited28 opinions

  1. Price v. BlankenshipSupreme Court of Missouri · 1898
  2. State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
  3. State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
  4. Heman v. WadeSupreme Court of Missouri · 1897
  5. Balz v. NelsonMissouri Court of Appeals · 1903

23 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
  2. Howell v. ReynoldsSupreme Court of Missouri · 1952
  3. Stoops v. StoopsSupreme Court of Missouri · 1953
  4. Sisk v. MolinaroSupreme Court of Missouri · 1964
  5. Gorman v. State Highway CommissionMissouri Court of Appeals · 1977

7 more not listed; retrieve them via the Exa API.

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