State ex rel. Merriam v. Ross
Supreme Court of Missouri
Prohibition. ' (1) Prohition is the proper method by which to determine the priority of jurisdiction as between courts of common jurisdiction. Thomas v. Mead, 36 Mo. 232; Trainer v. Porter, 45 Mo. 336; Fx parte Smith, 23 Ala. 94; Henry v. Steele, 28 Ark. 455; State v. Allen, 45 Mo.
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Prohibition. ' (1) Prohition is the proper method by which to determine the priority of jurisdiction as between courts of common jurisdiction. Thomas v. Mead, 36 Mo. 232; Trainer v. Porter, 45 Mo. 336; Fx parte Smith, 23 Ala. 94; Henry v. Steele, 28 Ark. 455; State v. Allen, 45 Mo. App. 551. (2) The circuit court of Stoddard county was the first to take cognizance of the controversy, not only because the petition of Merriam was first filed there, but also because it first asserted dominion over the property of the railway by the appointment of a receiver, directing him forthwith to seize the…
1Opinion of the CourtBeace, J.
This is an application for a writ of prohibition. On the third of March, 1893, the relator, who is the holder of $76,200 of the bonds of the St. Louis, Cape Girardeau & Fort Smith Railway Company, secui’ed by deeds of tx’ust on portions of the railway and other property of said company, instituted a suit in the circuit court of Stoddard county against said railway company, Leo Doyle, the trustee in said deeds of trust, and the Mercantile Trust Company of New York, trustee in other deeds of trust made by said company on its property, to recover defaulted interest on said bonds under the…
2Cases cited10 opinions
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- Neall v. HillCalifornia Supreme Court · 1860
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Pressley v. LambIndiana Supreme Court · 1886
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3Cited by51 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
- State v. Union National BankIndiana Supreme Court · 1896
- Wallace v. Pierce-Wallace Publishing Co.Supreme Court of Iowa · 1897
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