State ex rel. Letcher v. Dearing
Supreme Court of Missouri
Prohibition. Writ allowed. (1) Prohibition will lie to prevent the exercise of unauthorized power, even in a case where the inferior court has jurisdiction of the subject-matter of the action. State ex rel. v. Reynolds, 209 Mo. 178; Morris v. Lenox, 8 Mo. 252; Railroad v. Wear, 135 Mo. 256, State ex rel. v. Scarritt, 128 Mo. 338; High on Ex. Legal Rem., see. 389; Spelling on Ex.
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Prohibition. Writ allowed. (1) Prohibition will lie to prevent the exercise of unauthorized power, even in a case where the inferior court has jurisdiction of the subject-matter of the action. State ex rel. v. Reynolds, 209 Mo. 178; Morris v. Lenox, 8 Mo. 252; Railroad v. Wear, 135 Mo. 256, State ex rel. v. Scarritt, 128 Mo. 338; High on Ex. Legal Rem., see. 389; Spelling on Ex. Legal Rem., sec. 1741; Thomas v. Mead, 36 Mo. 247. (2) The proceeding in quo, warranto against relator should not he entertained by the circuit court until a trial is had in the criminal ease. Sec. 4814, R. S. 1909;…
1Opinion of the CourtGraves, J.
Original action in prohibition. Relator seeks to prohibit the respondent, as judge of the Washington County Circuit Court, from now proceeding to try him upon a certain information in the nature of quo warrmto lodged against him by the prosecuting attorney of Washington county. Relator, Letcher, is the duly qualified collector of revenue of Washington county. The information in the nature of quo ivarranto seeks to oust him from that office for reasons thus stated in the petition:
“That the said Isaac A. Letcher during his said term of office as collector of the revenue aforesaid, did at the…
2Cases cited5 opinions
- Miller v. WilsonOhio Supreme Court · 1846
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- State ex rel. Selleck v. ReynoldsSupreme Court of Missouri · 1913
- State v. HixonSupreme Court of Arkansas · 1872
3Cited by4 opinions
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- State Ex Inf. Norman v. EllisSupreme Court of Missouri · 1930
- State ex inf. Saunders v. BurgessSupreme Court of Missouri · 1954
- People ex rel. Hyatt v. HoganAppellate Court of Illinois · 1930