Legal Opinion

State ex rel. Connors v. Shelton

Supreme Court of Missouri

Decided December 16, 1911PublishedCited by 21 opinions

Prohibition. (1) Persons performing labor and doing work upon railroads have a lien thereon on the roadbed, station houses, depots, bridges, rolling stock, real estate, and improvements of such railroad. Sec. 8249, R. S. 1909. (2) Where the remedy by appeal is inadequate or not sufficiently speedy, the writ of prohibition is the proper remedy. State ex rel. v. Denton, 128 Mo. App. 314; State ex rel. v.'Allen, 45 Mo.

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Prohibition. (1) Persons performing labor and doing work upon railroads have a lien thereon on the roadbed, station houses, depots, bridges, rolling stock, real estate, and improvements of such railroad. Sec. 8249, R. S. 1909. (2) Where the remedy by appeal is inadequate or not sufficiently speedy, the writ of prohibition is the proper remedy. State ex rel. v. Denton, 128 Mo. App. 314; State ex rel. v.'Allen, 45 Mo. App. 557; State ex rel. v. Eby, 170 Mo. 497; State ex rel. v. Cline, 85 Mo. App. 628'; State ex rel. v. Port, 107 Mo. App. 328; State ex rel. v. Guinotte, 156 Mo. 527 ; 23 Am. &…

1Opinion of the CourtLamm, J.

Prohibition. Relators are M. O. Connors and William Nuttall, doing business in railroad contracting under the firm name and style of M. C. Connors & Company. Respondents are the Hon. Nat M. Shelton, Judge of the Second Judicial Circuit of Missouri, and John C. Mills, receiver of the Hannibal and Northern Missouri Railroad Company, hereinafter called the Company.

This cause is submitted on the bare pleadings. There is no evidence, no formal demurrer to the returns and no motion for judgment. The situation is *286this: On the filing of the petition we passed, and had served, a peliminary rule to…

2Cases cited10 opinions

  1. State ex rel. Anheuser-Busch Brewing Ass'n v. EbySupreme Court of Missouri · 1902
  2. Nolan v. JohnsSupreme Court of Missouri · 1891
  3. Thompson v. GreeleySupreme Court of Missouri · 1891
  4. State ex rel. Terminal Railroad v. TracySupreme Court of Missouri · 1911
  5. Ashton v. PenfieldSupreme Court of Missouri · 1911

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

3Cited by21 opinions

  1. Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
  2. Fenton v. ThompsonSupreme Court of Missouri · 1943
  3. Putnam v. HeathmanMissouri Court of Appeals · 1963
  4. State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
  5. State Ex Rel. Townsend v. Mueller.Supreme Court of Missouri · 1932

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

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