State Ex Rel. Allen v. Dawson
Supreme Court of Missouri
Prohibition. (1) The petition filed in the circuit court discloses that the only purpose of the suit was to enjoin relators from performing certain official acts for the public imposed upon relators by the statute. .It is not even inferentially alleged that any property right is involved. In such a case, a chancery court has no jurisdiction.
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Prohibition. (1) The petition filed in the circuit court discloses that the only purpose of the suit was to enjoin relators from performing certain official acts for the public imposed upon relators by the statute. .It is not even inferentially alleged that any property right is involved. In such a case, a chancery court has no jurisdiction. State ex rel. v. Aloe, 152 Mo. 466; Arnold v. Henry, 155 Mo. 48; Ex parte Sawyer, 124 U. S. 200, 31 L. Ed. 402; Tappen v. Gray, 7 Hill, 259; Cochran v. McCleary, (Opinion by Judge Dillon), 22 Iowa, 80; Heffran v. Hutchins, 160 111. 550; 10 E. C. L. 342-3,…
1Opinion of the CourtWilliams, J.
This is an original proceeding in prohibition whereby relators (the three circuit judges of Buchanan County) seek to prohibit the Honorable John M. Dawson, sitting as Circuit Judge of the Circuit Court, of Buchanan County, fxom entertaining jurisdiction in a certain injunction suit now pending in said court, on the ground that said circuit court has no jurisdiction -of the subject-matter of said suit.
The injunction suit was instituted by two of the judges of the County Court of Buchanan County, and Buchanan C‘ounty, as plaintiffs, against the.three cir cuit judges of said county (the three…
2Cases cited3 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- Cochran v. McClearySupreme Court of Iowa · 1867
- Reynolds v. BaldwinSupreme Court of Louisiana · 1846
3Cited by4 opinions
- State Ex Inf. McKittrick v. MurphySupreme Court of Missouri · 1941
- Tonkin v. KenworthySupreme Court of New Jersey · 1934
- State Ex Rel. Baumes v. MasonSupreme Court of Missouri · 1941
- State Ex Inf. Walsh v. ThatcherSupreme Court of Missouri · 1937