State ex rel. Kochtitzky v. Riley
Supreme Court of Missouri
Prohibition. (1) The writ of prohibition is of common law origin and is of great antiquity. It was framed to confine courts of special, limited, or inferior jurisdiction within the proper limits of their authority, and to prevent confusion in the administration of justice. 16 Enc. PL and Pr., 1093; 2 Bailey on Jurisdiction, see. 449; Smith v; Whitney, 116 IT.
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Prohibition. (1) The writ of prohibition is of common law origin and is of great antiquity. It was framed to confine courts of special, limited, or inferior jurisdiction within the proper limits of their authority, and to prevent confusion in the administration of justice. 16 Enc. PL and Pr., 1093; 2 Bailey on Jurisdiction, see. 449; Smith v; Whitney, 116 IT. S. 167. (2) It issues to an inferior court, when such court exceeds its jurisdiction in a case of which it may take cognizance, no less than when it has no jurisdiction whatever. And it is available to keep a court within the limits of…
1Opinion of the CourtWoodson, J.
In September, 1905, the relators and other landowners in the counties of Bollinger, Cape Girardeau, Dunklin, New Madrid, Pemiscot, Scott and Stoddard filed in the office of the clerk of the circuit court of New Madrid county “Articles of Association” for the formation and incorporation of a *181drainage district for the réclamation of swamp and overflowed lands, located in those counties. The articles of association were drawn in conformity with article 3, chapter 122, of the Revised Statutes of Missouri, 1899, and the amendments thereto, approved April 8, 1905, relating to swamp and overflowed…
2Cases cited17 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Smith v. WhitneySupreme Court of the United States · 1886
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Cooke v. CookeCourt of Appeals of Maryland · 1875
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3Cited by33 opinions
- Hayes v. HayesSupreme Court of Missouri · 1952
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
- Brock v. Superior CourtCalifornia Supreme Court · 1947
- In Re the Estate of BoevingMissouri Court of Appeals · 1965
- Buschling v. AckleySupreme Court of Missouri · 1917
28 more not listed; retrieve them via the Exa API.