State ex rel. United States Fidelity & Guaranty Co. v. Harty
Supreme Court of Missouri
Prohibition. (1) While prohibition is the proper remedy to restrain inferior judicial tribunals and to keep them within proper bounds, it may also be invoked against (a) inferior ministerial tribunals, sometimes called quasi-judicial tribunals, possessing incidentally judicial power and (b) purely administrative bodies in extreme cases where no other remedies are reasonably available, preventing them from usurping judicial functions.
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Prohibition. (1) While prohibition is the proper remedy to restrain inferior judicial tribunals and to keep them within proper bounds, it may also be invoked against (a) inferior ministerial tribunals, sometimes called quasi-judicial tribunals, possessing incidentally judicial power and (b) purely administrative bodies in extreme cases where no other remedies are reasonably available, preventing them from usurping judicial functions. High on Extraordinary Legal Remedies (3 Ed.), par. 764a; 2 Spelling on Injunction and Extraordinary Remedies (2 Ed.), par. 1744; 32 Cyc. 598; State ex rel. Ellis…
1Opinion of the CourtWalker, J.
Prohibition to prevent respondent, the Superintendent of the Insurance Department, from revoking the license of relator, the Fidelity & Guaranty Company, to do business in this State, unless it complies with an order made by respondent requiring it to pay certain disputed amounts alleged in said order to be due by it to the International Insurance Company.
We are not concerned with whatever merit may inhere in the claims of the International Insurance Company against relator, further than the facts in regard to same, as disclosed by the pleadings, may prove illustrative of the power of the…
2Cases cited28 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Brewen-Clark Syrup Co. v. Missouri Workmen's Compensation CommissionSupreme Court of Missouri · 1928
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Johnson v. BettsArizona Supreme Court · 1920
- Bash v. TrumanSupreme Court of Missouri · 1934
- State Ex Rel. Atkins v. Missouri State Board of AccountancyMissouri Court of Appeals · 1961
5 more not listed; retrieve them via the Exa API.