State ex rel. McMillan v. Woodside
Supreme Court of Missouri
Prohibition. (1) Our statutes provide that the remedy by writ of prohibition shall he granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of the common law.
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Prohibition. (1) Our statutes provide that the remedy by writ of prohibition shall he granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of the common law. R. S. 1909, sec. 2622; State ex rel. v. Groodier, 195 Mo. 561; State ex rel. v. Reynolds, 209 Mo. 161. (2) Prohibition will issue to stay proceedings by injunction to enjoin county courts from proceeding in accordance with the provisions of the statutes for the construction of bridges. The circuit court having no jurisdiction of the subject-matter, the respondent…
1Opinion of the Court
OPINION.
BOND, J.
Notice, ' (After stating the facts as above)'. — ' I. We leave out of view the contentions of relator," that jurisdiction in the sense of power to act, on the part of the respondent circuit judge, as to the grant of a preliminary injunction, was conditioned upon a showing of previous notice of the application therefor, given to the defendant. Such is not the law, and no support for that view can be found either in the general principles of equitable jurisprudence or in the statutes of this State. '
The statute of this State provides that béfore the issuance of an injunction to…
2Cases cited7 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Book v. EarlSupreme Court of Missouri · 1885
- Trask v. Livingston CountySupreme Court of Missouri · 1908
- Lewton v. HowerSupreme Court of Florida · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Conran v. DuncanSupreme Court of Missouri · 1933
- Ex Parte GounisSupreme Court of Missouri · 1924
- State Ex Rel. Schoenbacher v. KellyMissouri Court of Appeals · 1966
- Dumm v. Cole CountySupreme Court of Missouri · 1926
- State ex rel. American Bankers Assurance Co. v. McQuillinSupreme Court of Missouri · 1914
7 more not listed; retrieve them via the Exa API.