State ex rel. Judah v. Fort
Supreme Court of Missouri
Prohibition. (1) Prohibition is the proper remedy. State ex rel. v. Elkin, 130- Mo. 90; State ex rel. v. Eby, 170 Mo. 497; State ex rel. v. Bradley, 193 Mo. 33; State ex rel. v. Fort, 178 Mo. 518. (2) The act created an additional division to be known as Division Two of the criminal court of Jackson county, Missouri, and under section 8 the duty of Judge Wallace was clear, and the cause should have been transferred to Division Two of the criminal court of Jackson county.
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Prohibition. (1) Prohibition is the proper remedy. State ex rel. v. Elkin, 130- Mo. 90; State ex rel. v. Eby, 170 Mo. 497; State ex rel. v. Bradley, 193 Mo. 33; State ex rel. v. Fort, 178 Mo. 518. (2) The act created an additional division to be known as Division Two of the criminal court of Jackson county, Missouri, and under section 8 the duty of Judge Wallace was clear, and the cause should have been transferred to Division Two of the criminal court of Jackson county. State v. Shipman, 93 Mo. 157. (3) The act is valid. State ex rel. v. Dabbs, 118 Mo. App. 663; Coffey v. Carthage, 200 Mo.…
1Opinion of the Court
LAMM, J. —
This is an original proceeding in prohibition.
Such preliminary and intermediate steps were had in the cause that, when finally submitted, it stood on an implied concession that allegations of fact well pleaded in the petition were true. Respondent’s counsel make a statement of the case admirably fair and colorless, full and brief. We borrow and use it for the purposes of this opinion, viz.:
“The relator, A. Judah, was indicted in the criminal court of Jackson county, Missouri, at the September term, 1907, for running a Sunday theater in Kansas City, Missouri. Afterwards, on or about…
2Cases cited18 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- State ex rel. Anheuser-Busch Brewing Ass'n v. EbySupreme Court of Missouri · 1902
- State ex rel. Donham v. YancySupreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Waterman v. Chicago Bridge & Iron WorksSupreme Court of Missouri · 1931
- Lusk v. AtkinsonSupreme Court of Missouri · 1916
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
- Oney v. PattisonSupreme Court of Missouri · 1988
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
15 more not listed; retrieve them via the Exa API.