Miller Bros. v. Perkins
Supreme Court of Missouri
Prohibition. (1) It has been settled by the repeated decisions of this court as well as the Act of 1895, that the remedy by prohibition is available for the purpose of keeping a court within the compass of its legitimate judicial action as defined by law, and a proper remedy to prevent a court from asserting or assuming jurisdiction in any case where, under the facts, the law does not authorize the exercise of such jurisdiction.' State ex rel. v. Ross, 122 Mo. 461; Railroad…
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Prohibition. (1) It has been settled by the repeated decisions of this court as well as the Act of 1895, that the remedy by prohibition is available for the purpose of keeping a court within the compass of its legitimate judicial action as defined by law, and a proper remedy to prevent a court from asserting or assuming jurisdiction in any case where, under the facts, the law does not authorize the exercise of such jurisdiction.' State ex rel. v. Ross, 122 Mo. 461; Railroad v. Wear, 135 Mo. 256; State ex rel. v. Hirzell, 137 Mo. 447; Laws 1895, p. 95. (2) The jurisdiction of circuit courts to…
1Opinion of the CourtBraoe, P. J.
This is an original proceeding in this court for a writ of prohibition against defendant as judge of the circuit court of Jasper county.
The questions to be decided arise upon a demurrer to the return of the defendant to the preliminary rule to show cause: from which it appears: That the First National Bank of Lamar is a banking corporation located at Lamar, Missouri. The Lamar Water & Electric Light Company is a corporation located at the same place and engaged in operating a water and electric light plant in said city. The First National Bank on the 14th day of October, 1898, filed suit in…
2Cases cited2 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Cox v. VolkertSupreme Court of Missouri · 1885
3Cited by5 opinions
- United Cemeteries Co. v. StrotherSupreme Court of Missouri · 1938
- State Ex Rel. Calhoun v. ReynoldsSupreme Court of Missouri · 1921
- State Ex Rel. Priest v. CalhounMissouri Court of Appeals · 1920
- Commerce, Trust Co. v. WhiteMissouri Court of Appeals · 1913
- Lamont v. Lamont Crystallized Egg Co.Missouri Court of Appeals · 1904