State ex rel. McCaffery v. Aloe
Supreme Court of Missouri
Prohibition. (1) The authority for the institution of this suit of prohibition is found in the Oonstitution of the State and its statutory laws. Constitution of Missouri, sec. 3, art. VI; Laws 1895, p. 95. (2) The object of the writ is to prevent an inferior tribunal from assuming jurisdiction of a matter with which it is not legally vested, or where having jurisdiction, it has exceeded its legitimate powers. State ex rel. v. Lewis, 76 Mo. 370; High on Extr. Leg.
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Prohibition. (1) The authority for the institution of this suit of prohibition is found in the Oonstitution of the State and its statutory laws. Constitution of Missouri, sec. 3, art. VI; Laws 1895, p. 95. (2) The object of the writ is to prevent an inferior tribunal from assuming jurisdiction of a matter with which it is not legally vested, or where having jurisdiction, it has exceeded its legitimate powers. State ex rel. v. Lewis, 76 Mo. 370; High on Extr. Leg. Rem., sec. 789; State ex rel. v. Withrow, 133 Mo. 500; Thomas v. Mead, 36 Mo. 233; People v. Whitney, 47 Cal. 584; Bylerv. Wear,…
1Opinion of the CourtValliant, J.
This is an original proceeding in this court, the object of which is to obtain a writ of prohibition directed to the circuit court of the city of St. Louis to forbid its entertaining jurisdiction of a certain suit particularly described in the petition of relators, the genei*al nature of which may be thus stated: Louis B. Aloe and others, citizens and taxpayers residing in the city of St. Louis, filed their petition in the circuit court of the city of St. Louis, in the nature of a bill in equity, against these relators, and the individuals then composing the board of election commissioners of…
2Cases cited19 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Grandy v. CaseySupreme Court of Missouri · 1887
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Hunter v. ChandlerSupreme Court of Missouri · 1870
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3Cited by61 opinions
- State ex rel. Weldon v. ThomasonTennessee Supreme Court · 1919
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Herndon v. AndersonSupreme Court of Oklahoma · 1933
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900
56 more not listed; retrieve them via the Exa API.