State ex rel. Knisely v. Jones
Supreme Court of Missouri
Prohibition. (1) Appeal by executor or administrator will not be allowed without bond when the interest of the executor or administrator is opposed or antagonistic to the interest of the estate. Secs. 292, 294, R. S. 1909; Potter v. Todd, 73 Mo. 101. (2) Mandamus will not issue to control the judgment or discretion of an inferior court.
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Prohibition. (1) Appeal by executor or administrator will not be allowed without bond when the interest of the executor or administrator is opposed or antagonistic to the interest of the estate. Secs. 292, 294, R. S. 1909; Potter v. Todd, 73 Mo. 101. (2) Mandamus will not issue to control the judgment or discretion of an inferior court. Betts v. Megown, 89 Mo. 156; State ex rel. v. Fort, 180 Mo. '97. (3) The jurisdiction of respondent is not determined from the class of case, but from the petition in the particular case involved. State ex rel. v. Barnett, 245 Mo. 115. (4) The issuance -by the…
1Opinion of the CourtGraves, C. J.
Application for writ of prohibition. Pleadings and facts can well be stated together.
The main features of the present application for a writ of prohibition are not strangers to this court. In one form or another the case of Knisely, Admx., v. Leathe, Admx., has been before us for many years. It first appeared in Knisely v. Leathe, 256 Mo. 341. Finally a judgment was directed in favor of plaintiff and against defendant in the sum of $107,500 and interest from May 17, 1902. The circuit court entered judgment under our direction and certified it to the probate court for allowance. The probate…
2Cases cited4 opinions
- Knisely v. LeatheSupreme Court of Missouri · 1914
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Mastin v. SloanSupreme Court of Missouri · 1889
- Potter v. ToddSupreme Court of Missouri · 1880
3Cited by5 opinions
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
- State Ex Rel. Hampe v. IttnerSupreme Court of Missouri · 1924
- Estate of McArthur v. McArthurMissouri Court of Appeals · 1948
- State Ex Rel. Stone v. ThomasSupreme Court of Missouri · 1942
- State Ex Rel. Hurst Automatic Switch & Signal Co. v. WurdemanSupreme Court of Missouri · 1925