State ex rel. Abel v. Gates
Supreme Court of Missouri
Prohibition. (1) The attempt of respondent to restrain or coerce the action of the common council upon the ordinancesin questionis a plain usurpation of the legislative functions of government, contrary to the provisions of the Constitution. A clear line of demarcation between the several departments of government has been drawn by numerous decisions of our Supreme Court, and any attempt of one to impinge upon another has been readily and severely denounced.
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Prohibition. (1) The attempt of respondent to restrain or coerce the action of the common council upon the ordinancesin questionis a plain usurpation of the legislative functions of government, contrary to the provisions of the Constitution. A clear line of demarcation between the several departments of government has been drawn by numerous decisions of our Supreme Court, and any attempt of one to impinge upon another has been readily and severely denounced. Albright v. Fisher, 164 Mo. 56; State ex rel. v. Allen, 180' Mo. 31; State ex rel. v. Meier, 143 Mo. 439; Taylor v.( Carondelet, 22 Mo.…
1Opinion of the CourtValliant, J.
The relators pray that a writ of prohibition issue, addressed to the respondent, a judge of the circuit court of Jackson county, to prohibit him from entertaining jurisdiction of a cause pending in that court.
The cause in question is a suit in equity instituted in the name of the State of Missouri, on the information and at the relation of the Prosecuting Attorney of Jackson county, plaintiff, against Kansas City, and certain individuals, named, as members of the Common Council of that city, the City Clerk, City Comptroller, City Treasurer, City Auditor, the Kansas City Missouri Gas Company,…
2Cases cited11 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
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3Cited by25 opinions
- Adams v. BolinArizona Supreme Court · 1952
- Kansas City v. HydeSupreme Court of Missouri · 1906
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- Campbell v. City of EugeneOregon Supreme Court · 1925
- State ex inf. Jones v. Light & Development Co.Supreme Court of Missouri · 1912
20 more not listed; retrieve them via the Exa API.