State ex rel. Ellis v. Elkin
Supreme Court of Missouri
Prohibition. The petitioners applied for a prohibition against the county judges o£ Montgomery connty to stop proceedings in execution of an order of the county court for the removal of the county seat from Danville to Montgomery City. The documentary evidence mentioned in the opinion of the court is as follows: “exhibit b” oe the return.
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Prohibition. The petitioners applied for a prohibition against the county judges o£ Montgomery connty to stop proceedings in execution of an order of the county court for the removal of the county seat from Danville to Montgomery City. The documentary evidence mentioned in the opinion of the court is as follows: “exhibit b” oe the return. “Certified copy of the proceedings of W. A. Crockett, county clerk, S. A. Elkin and J. B. Shoeklee, two judges of the county court of Montgomery county, Missouri, acting as a board of canvassers, to canvass the returns of an election held in said county, on…
1Opinion of the CourtBakclav, J.
This is an original proceeding for a writ of prohibition.
The petitioners who ask the writ are citizens and taxpayers of Montgomery county.
The defendants are the judges of the county court of that county.
The subject of the controversy is the removal of the county seat.
The application for the writ was first made to this division of the court, February 5, 1895, by certain petitioners, who afterward retired from the case; but, *103before they were well out, the persons now prosecuting the action came in, and were made parties demanding the desired writ.
The defendants have made return, showing their…
2Cases cited7 opinions
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- Bowen v. HixonSupreme Court of Missouri · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- State ex rel. Rogers v. RombauerSupreme Court of Missouri · 1891
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3Cited by42 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
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