State ex rel. Kenamore v. Wood
Supreme Court of Missouri
Prohibition. (1) It is not necessary, in order to justify resort to prohibition, that the proceedings of the lower court should be so far beyond its legitimate authority that they would be held void in a collateral proceeding.
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Prohibition. (1) It is not necessary, in order to justify resort to prohibition, that the proceedings of the lower court should be so far beyond its legitimate authority that they would be held void in a collateral proceeding. “Where a court or judge assumes to exercise a judicial power not granted by law, it matters not (so far as concerns the right to a prohibition) whether the exhibition of power occurs in a case which the court is not authorized to entertain at all, or is merely an excessive and unauthorized application of judicial force in a cause otherwise properly cognizable by the…
1Opinion of the CourtGantt, C. J.
This is an original proceeding for a' writ of prohibition out of this court to arrest further action by the circuit court of the city of St. Louis in a certain suit now pending therein to obtain a perpetual injunction against the relator herein as State Beer Inspector to restrain him and his deputies from taking any steps whatever to carry out and enforce an act of the General Assembly of Missouri, entitled, “An Act creating the office of Inspector of Beer and Malt Liquors of the State and providing for the inspection of beer and malt liquors manufactured and sold in this State,” approved May…
2Cases cited21 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Robb v. ConnollySupreme Court of the United States · 1884
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Fitts v. McGheeSupreme Court of the United States · 1899
- Shelton v. PlattSupreme Court of the United States · 1891
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3Cited by43 opinions
- State Ex Rel. Fry v. Superior Court of Lake CountyIndiana Supreme Court · 1933
- State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
- State v. BixmanSupreme Court of Missouri · 1901
- State Ex Rel. Zeller v. Montgomery Circuit CourtIndiana Supreme Court · 1945
38 more not listed; retrieve them via the Exa API.