Davison v. Hough
Supreme Court of Missouri
Prohibition. (1) (a) The colloquy of court and counsel, and 'matters set forth in the return but not appearing of record, are incompetent as evidence or otherwise, and should not be considered. “A court of record can only speak by its records.”
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Prohibition. (1) (a) The colloquy of court and counsel, and 'matters set forth in the return but not appearing of record, are incompetent as evidence or otherwise, and should not be considered. “A court of record can only speak by its records.” Eranklin Co. v. Maupin, 67 Mo. 327; Hewett v. Steele, 118 Mo. 463; Johnson Co. v. Wood, 84 Mo. 489; Kansas City v. Eailroad, 81 Mo. 296; Dennison v. Co. Court, 33 Mo. 165; Milan, etc. v. Pendleton, 12 Mo. 598; Medlin v. Platte Co., 8 Mo. 235. (b) The right of plaintiff to raise the foregoing objection under the pleadings in this ease is expressly…
1Opinion of the CourtValliant, J.
Tins is an original suit for a writ to prohibit one of the judges of the St. Louis City Circuit Courjt from proceeding with a cause pending therein in which it is alleged the court has exceeded its jurisdiction. The cause in which the proceeding is sought to be prohibited is an equity interpleader suit, brought by the defendant, The Mutual Benefit Life Insurance Company, as plaintiff, against the plaintiff in this suit, and others, as defendants, alleging that as a life insurance company it had issued a policy for $5,000 on the life of one Livingston E. Davison who had since died, and the…
2Cases cited5 opinions
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Baker v. RockabrandIllinois Supreme Court · 1886
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895
- State ex rel. Smith v. LevensMissouri Court of Appeals · 1888
3Cited by28 opinions
- State Ex Rel. Boll v. WeinsteinSupreme Court of Missouri · 1956
- State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
- Schubach v. McDonaldSupreme Court of Missouri · 1903
- Johnson v. McMahanCourt of Appeals of Texas · 1931
- St. Louis Southwestern Railway Co. v. MeyerSupreme Court of Missouri · 1954
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