State ex rel. St. Louis & Kirkwood Railroad v. Hirzel
Supreme Court of Missouri
Prohibition. (1) By the state constitution this court is vested with á general superintending control over all inferior courts with the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari and other original remedial writs, and to hear and determine the same.
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Prohibition. (1) By the state constitution this court is vested with á general superintending control over all inferior courts with the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari and other original remedial writs, and to hear and determine the same. State constitution, art. 2, sec. 3; State ex rel. v. Rossr 122 Mo. 164; State v. Mead, 36 Mo. 232; 8 Bacon’s Abr., p. 266. That this court has the power to superintend the powers of inferior courts as to matters of their jurisdiction we assume will not be disputed. (2) Prohibition is the proper remedy to correct the…
1DissentBurgess, J.
(dissenting). — Not being able to concur with the majority of my associates in their conclusion that, under the act of 1895, an appeal from the order of the circuit court overruling a motion to vacate an order appointing a temporary receiver, and the execution of an appeal bond under the general statutes, operated as a suspension of the authority of the receiver under the order of the court appointing him, in the absence of an order by the court to that effect, I think it proper to state briefly the reasons of my non-concurrence.
The English practice in equity cases is that an appeal does not…
2Cases cited9 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Walls v. PalmerIndiana Supreme Court · 1878
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- State ex rel. Dodson v. MeekerNebraska Supreme Court · 1886
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