Legal Opinion

State ex rel. Warde v. McQuillin

Supreme Court of Missouri

Decided December 1, 1914PublishedCited by 20 opinions

Prohibition. (1) The supreme lodge in taking possession of the property of the subordinate lodge through its agents, as it did, was within its rights, was proceeding regularly as prescribed by the laws of the order, and the law of the land will not intervene at this juncture to arrest such possession and give the property back to the subordinate lodge. State ex rel. v.' Grand Lodge, 8 Mo. App. 154; Colman v. Supreme Lodge, 18 Mo. App. 189; Mulroy v. Knights of Honor, 28 Mo.

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Prohibition. (1) The supreme lodge in taking possession of the property of the subordinate lodge through its agents, as it did, was within its rights, was proceeding regularly as prescribed by the laws of the order, and the law of the land will not intervene at this juncture to arrest such possession and give the property back to the subordinate lodge. State ex rel. v.' Grand Lodge, 8 Mo. App. 154; Colman v. Supreme Lodge, 18 Mo. App. 189; Mulroy v. Knights of Honor, 28 Mo. App. 463; Crutcher v. Order of R. W. Cond., 151 Mo. App. 622. (2) Injunction is not the right remedy or a lawful…

1Opinion of the CourtLamm, C. J.

Original proceeding by prohibition.

Defendants in an injunction suit pending in a division (to-wit, respondent MeQuillin’s of the St. Louis Circuit Court, as relators, apply here by petition on August 14, 1914, for a writ prohibiting that court from proceeding further, and made the plaintiffs in said injunction suit parties respondent with Judge Mc-Quillin. Presently, on that application, a preliminary rule issues in vacation to show -cause. Presently, respondents make return showing such cause as they had why our preliminary rule should not be made permanent. Thereupon relators file a motion…

2Cases cited4 opinions

  1. In Re New York & Porto Rico Steamship Co.Supreme Court of the United States · 1895
  2. State ex rel. Terminal Railroad v. TracySupreme Court of Missouri · 1911
  3. State ex rel. Attorney-General v. GillSupreme Court of Missouri · 1897
  4. State ex rel. Lamport v. RobinsonSupreme Court of Missouri · 1914

3Cited by20 opinions

  1. State Ex Rel. Morasch v. KimberlinSupreme Court of Missouri · 1983
  2. Dahlberg v. FisseSupreme Court of Missouri · 1931
  3. State Ex Rel. Lambert v. FlynnSupreme Court of Missouri · 1941
  4. State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
  5. State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943

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