State ex rel. Stack v. Grimm
Supreme Court of Missouri
Prohibition. (1) The allegations of the application for the writ of habeas corpus were insufficient to confer jurisdiction upon the court to issue said writ; for the reason that it is not alleged that the court of the State of Washington had jurisdiction to grant, or did duly grant, a decree of divorce and award to the mother the custody of the child which is alleged to be unlawfully detained from her by this relator, its father.
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Prohibition. (1) The allegations of the application for the writ of habeas corpus were insufficient to confer jurisdiction upon the court to issue said writ; for the reason that it is not alleged that the court of the State of Washington had jurisdiction to grant, or did duly grant, a decree of divorce and award to the mother the custody of the child which is alleged to be unlawfully detained from her by this relator, its father. The granting of a decree of divorce and the award of custody of a child in said decree, being a matter of statutory jurisdiction solely, and not being in accordance…
1Opinion of the CourtWoodson, J.
— The relator applied to this court for a writ of prohibition, to prohibit J. PI. Grimm, one of the judges of the circuit court of the city of St. Louis, from further proceeding with the hearing of a writ of habeas corpus, issued by him in vacation, commanding the relator to produce the body of his son, John King Stack, before him in chambers on the 3.1st day of March, 1911. A preliminary rule was issued, and in response thereto the respondent in due time filed his return.
Briefly, the material facts of the case are substantially as follows, as appear from the pleadings in the case, viz.:
*347Richar…
2Cases cited19 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- Higgins v. . SharpNew York Court of Appeals · 1900
- McGee v. McGeeSupreme Court of Georgia · 1851
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
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3Cited by12 opinions
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
- State Ex Rel. White v. SwinkMissouri Court of Appeals · 1953
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Cole v. ColeIdaho Supreme Court · 1948
- Jensen v. SevyUtah Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.