State ex rel. Allen v. Guthrie
Supreme Court of Missouri
Prohibition. (1) Eelators are entitled to a peremptory writ on the return. The writ commands respondent to show by what authority he is proceeding; this he wholly fails to do. He admits he has taken some action, o.r is about to do so, but does not ‘show by what authority. If the Practice Act applies, he has not first denied the allegations of the information; and then, as new matter, showed his action.
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Prohibition. (1) Eelators are entitled to a peremptory writ on the return. The writ commands respondent to show by what authority he is proceeding; this he wholly fails to do. He admits he has taken some action, o.r is about to do so, but does not ‘show by what authority. If the Practice Act applies, he has not first denied the allegations of the information; and then, as new matter, showed his action. If the Practice Act does not apply (State ex rel. v. Eby, 170 Mo. l. c. 527), then he has not made any return whatever. But, admitting, as he does, that he has or is about to take some action,…
1Opinion of the Court
KENNISH, J.-
— This is an original proceeding by prohibition. Isabell Allen and Edward Allen are the relators, and Joseph A. Guthrie, judge of the circuit court of Jackson county, is the respondent. The purpose of the suit is to have this court prohibit the respondent, as judge of the said court, from taking further cognizance and exercising jurisdiction in a certain cause referred to and described in the petition. Upon presentation of the petition a preliminary rule was granted. The respondent in due time made return thereto, whereupon relators filed a reply, and upon the issues thus made the…
2Cases cited1 opinion
- Mitchell v. RolandSupreme Court of Iowa · 1895
3Cited by5 opinions
- State Ex Rel. Williams v. DauesSupreme Court of Missouri · 1933
- Williams v. Safety Savings & Loan Ass'nMissouri Court of Appeals · 1933
- Evans v. District CourtIdaho Supreme Court · 1930
- State Ex Rel. Bostian v. RidgeSupreme Court of Missouri · 1945
- Whitworth v. BarnesMissouri Court of Appeals · 1913