Legal Opinion

Citizens' National Bank v. Graham

Supreme Court of Missouri

Decided December 23, 1898PublishedCited by 17 opinions

Prohibition. (1) In the determination of the questions involved in this case it must not be forgotten that the regular judge of the circuit was in no way disqualified from finishing the trial of the cause at Carrollton.

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Prohibition. (1) In the determination of the questions involved in this case it must not be forgotten that the regular judge of the circuit was in no way disqualified from finishing the trial of the cause at Carrollton. (2) If Judge Rucker had from' any cause been disqualified to try the case and a special judge had been agreed upon or elected by the bar to try it and the case had gone over until a successor to Judge Rucker had been chosen who was in all respects qualified to try it, then 'unquestionably Judge Rucker’s successor in office would be the one to try it. Lacy v. Barrett, 75 Mo.…

1Opinion of the CourtSherwood, J.

— A preliminary rule ha's been awarded in this cause, which was issued to prevent James E. Graham from proceeding further in the cause of the Citizens National Bank of Kansas City v. M. L. C. Donnell, or entertaining any jurisdiction therein at the March term, 1898, of the Oar-roll circuit court, or at any time, etc.

The cause of the Bank v. Donnell, which gave origin to the present prohibitory proceeding, arose in Kansas City, Missouri, and was at the April term, 1897, taken on defendant’s application to the circuit court of Oarroll county, over which Hon. W. W. Rucker presided as judge. The…

2Cases cited2 opinions

  1. Lacy v. BarrettSupreme Court of Missouri · 1882
  2. Naffzieger v. ReedSupreme Court of Missouri · 1888

3Cited by17 opinions

  1. State v. BengschSupreme Court of Missouri · 1902
  2. Kansas City v. BaconSupreme Court of Missouri · 1900
  3. State ex rel. Sanks v. JohnsonMissouri Court of Appeals · 1909
  4. State Ex Rel. Allen v. TrimbleSupreme Court of Missouri · 1927
  5. State ex rel. American National Bank v. WilliamsMissouri Court of Appeals · 1909

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