State ex rel. McAllister v. Slate
Supreme Court of Missouri
Prohibition. (1) Prohibition is the proper remedy where a court or judge' assumes to exercise powers not granted by law, whether the exercise of the power is attempted in a case which the court is not authorized to entertain at all, or is merely an excessive and unauthorized application of judicial power in a cause otherwise properly cognizable by the court or judge in question.
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Prohibition. (1) Prohibition is the proper remedy where a court or judge' assumes to exercise powers not granted by law, whether the exercise of the power is attempted in a case which the court is not authorized to entertain at all, or is merely an excessive and unauthorized application of judicial power in a cause otherwise properly cognizable by the court or judge in question. State ex-rel. v. Fort, 210 Mo. 525; State ex rel. v. McQuillin, 256 Mo. 703; St. Louis Railroad Co. v. Wear, 135 Mo. 256; State ex rel. v. Withrow, 135 Mo. 376; State ex rel. v. Wear, 129 Mo. 619. (2) The facts…
1Opinion of the CourtFaris, J.
This is all original proceeding in prohibition, whereby.it is sought to prohibit respondent, as Judge of the Circuit Court of Cole County, from taking *574further jurisdiction in the trial of the case wherein the State of Missouri is plaintiff and John W. Scott is defendant, said cause being No. 1879 upon the docket of the Cole County Circuit Court.
Heretofore, upon the petition of relator by the Attorney-General of the State of Missouri, we issued our preliminary rule in prohibition, which rule it is now sought to make absolute.
The facts upon which it is sought by the State, through its…
2Cases cited6 opinions
- State v. MyersSupreme Court of Missouri · 1884
- In re HowellSupreme Court of Missouri · 1918
- Massie v. CommonwealthCourt of Appeals of Kentucky · 1892
- City of Cape Girardeau v. HouckSupreme Court of Missouri · 1895
- State v. PattersonSupreme Court of Missouri · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Hayes v. HayesSupreme Court of Missouri · 1952
- Osborne v. PurdomeSupreme Court of Missouri · 1951
- State Ex Rel. Brown v. DewellSupreme Court of Florida · 1938
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Payne v. LeeSupreme Court of Minnesota · 1946
36 more not listed; retrieve them via the Exa API.