State ex rel. Haughey v. Ryan
Supreme Court of Missouri
Prohibition. The application for a writ of prohibition in this case is not premature because the board and court have taken every step possible unde the act, save to actually put the relators in jail. When that occurs, some other remedy than the one selected will have to be invoked.
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Prohibition. The application for a writ of prohibition in this case is not premature because the board and court have taken every step possible unde the act, save to actually put the relators in jail. When that occurs, some other remedy than the one selected will have to be invoked. The constitutional grounds upon which the statute has been attacked in this case raise a fundamental jurisdictional question, which can be urged at any stage of the proceeding, which can not be waived and which makes any discrepancy as to the facts immaterial. Henderson v. Henderson, 55 Mo. 544; Graves v. McHugh,…
1Opinion of the CourtPox, J.
This proceeding is predicated.upon an application by relators for a writ of prohibition. The preliminary rule was issued, and the cause is now submitted to this court for final determination, upon motion, by the Attorney-General, representing respondents, to dismiss the proceeding.
The purposes sought by this application are fully disclosed by the petition; hence, to intelligently comprehend the controverted questions, we must look to the petition, which is as follows:
“To the Honorable, the Supreme Court of Missouri:
“Come now the said Micheál Haughey, Aug. Bensieck, M. J. Cullen, Arthur…
2Cases cited1 opinion
- State ex rel. Anheuser-Busch Brewing Ass'n v. EbySupreme Court of Missouri · 1902
3Cited by7 opinions
- O'Brien v. TrousdaleNevada Supreme Court · 1917
- State Ex Rel. Castlen v. MulloySupreme Court of Missouri · 1932
- State ex rel. Strother v. BroaddusSupreme Court of Missouri · 1911
- Ostmann v. FreyMissouri Court of Appeals · 1910
- State Ex Rel. Helm v. DuncanMissouri Court of Appeals · 1931
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