State ex rel. Merriam v. Ross
Supreme Court of Missouri
Prohibition. ' (1) Prohition is the proper method by which to determine the priority of jurisdiction as between courts of common jurisdiction. Thomas v. Mead, 36 Mo. 232; Trainer v. Porter, 45 Mo. 336; Fx parte Smith, 23 Ala. 94; Henry v. Steele, 28 Ark. 455; State v. Allen, 45 Mo.
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Prohibition. ' (1) Prohition is the proper method by which to determine the priority of jurisdiction as between courts of common jurisdiction. Thomas v. Mead, 36 Mo. 232; Trainer v. Porter, 45 Mo. 336; Fx parte Smith, 23 Ala. 94; Henry v. Steele, 28 Ark. 455; State v. Allen, 45 Mo. App. 551. (2) The circuit court of Stoddard county was the first to take cognizance of the controversy, not only because the petition of Merriam was first filed there, but also because it first asserted dominion over the property of the railway by the appointment of a receiver, directing him forthwith to seize the…
1DissentBarclay, J.
(dissenting). — This is an original proceeding for a writ of prohibition. It was begun in July, 1893, during vacation of the court.
A petition was filed by Mr. Merriam, the relator, and submitted to the chief justice, who then made a rule or order upon the defendants to show cause at the opening of the ensuing October term of the court, why a writ of prohibition should not be awarded, requiring *466them to no further hear or prosecute a certain cause entitled “St. Louis, Cape Girardeau & Fort Smith Railway Company, plaintiff, v. Leo Doyle, Edward Hidden, and the Mercantile Trust Company of New…
2Cases cited22 opinions
- Porter v. SabinSupreme Court of the United States · 1893
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- In Re FassettSupreme Court of the United States · 1892
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