State Ex Rel. Clayton Greens Nursing Center, Inc. v. Marsh
Supreme Court of Missouri
1Opinion of the Court
HIGGINS, Judge.
Relator seeks to prohibit further proceedings in a garnishment action asserting that respondent lacks jurisdiction to try the garnishment action because all of its parties are parties to an equitable mechanic’s lien suit commenced after the contract action from which the garnishment arose and that the mechanic’s lien action precludes and preempts all other suits. Respondent moves to dismiss asserting that this Court is without jurisdiction to issue a writ of prohibition and that an equitable lien action does not preclude or prohibit the prosecution of an action at law for…
2Cases cited8 opinions
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- State Ex Rel. Erbs v. OliverSupreme Court of Missouri · 1951
- State Ex Inf. Roberts v. BuckleySupreme Court of Missouri · 1976
- State ex rel. Commissioners of State Tax Commission v. SchneiderSupreme Court of Missouri · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McCarney v. Nearing, Staats, Prelogar & JonesMissouri Court of Appeals · 1993
- State Ex Rel. Power Process Piping, Inc. v. DaltonMissouri Court of Appeals · 1984
- Mabin Construction Co. v. Historic Constructors, Inc.Missouri Court of Appeals · 1993
- Meiners Co. v. Clayton Greens Nursing Center, Inc.Missouri Court of Appeals · 1982
- Silver Dollar City, Inc. v. Kitsmiller Construction Co.Missouri Court of Appeals · 1994
7 more not listed; retrieve them via the Exa API.