State ex rel. Delmar Jockey Club v. Zachritz
Supreme Court of Missouri
Prohibition. (1) A writ of prohibition issues whenever the lower court is without jurisdiction, or is acting in excess of its jurisdiction, or in abuse of its powers, and no other remedy is available.
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Prohibition. (1) A writ of prohibition issues whenever the lower court is without jurisdiction, or is acting in excess of its jurisdiction, or in abuse of its powers, and no other remedy is available. State ex rel. v. Wood, 155 Mo. 425; Railroad v. Wear, 135 Mo. 230; State ex rel. v. Elkins, 130 Mo. 90; State ex rel. v. Hirzel, 137 Mo. 447. (2) The petition for injunction does not show that the gaming is done or the gaming house is maintained within the city of St. Louis, and the circuit court of the city was, therefore, without jurisdiction. State v. Ryle, 10 Mo. 389. (3) A court of chancery…
1Opinion of the CourtBrace, J.
This is an original -proceeding, by petition, for a writ of prohibition against the defendant,- one of the judges of the St. Louis City Circuit Court, prohibiting him as judge of said court, from the further exercise of any jurisdiction in the case of the State of Missouri ex rel. Edward C. Crow, Attorney-General, against the relators. The- return of the defendant to the preliminary order is a demurrer to the petition, and a motion for judgment thereon, denying the writ, on the ground that it therein appears that the said circuit court had jurisdiction of the persons and of the subject-matter…
2Cases cited10 opinions
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- State v. Ohio Oil Co.Indiana Supreme Court · 1898
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State ex rel. Crow v. CantySupreme Court of Missouri · 1907
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- State Ex Rel. McKittrick v. Missouri Public Service Commission, Laclede Power & Light Co.Supreme Court of Missouri · 1943
- State Ex Rel. Taylor v. WadeSupreme Court of Missouri · 1950
13 more not listed; retrieve them via the Exa API.