State ex rel. Weast v. Moore
Missouri Court of Appeals
Original Proceeding by Writ of Prohibition. (1)- The only Missouri cases upon this subject that we have been able to find are as follows: Christian v. Williams, 111 Mo. 429; Baisley v. Baisley, 113 Mo. 544. (2) In Wilson Machine Co. v. Wilson, 22 Fed.
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Original Proceeding by Writ of Prohibition. (1)- The only Missouri cases upon this subject that we have been able to find are as follows: Christian v. Williams, 111 Mo. 429; Baisley v. Baisley, 113 Mo. 544. (2) In Wilson Machine Co. v. Wilson, 22 Fed. (Conn.) 803, this question is squarely presented and the court at page 804 calls attention to the case of Bishop v. Yose, 27 Conn. 1, cited in 113 Mo. 540, and drew a distinction between a non-resident plaintiff attending court and a non-resident defendant, holding that the latter was privileged. In Wilson v. Donaldson, 20 N. E. 250, 117 Ind.…
1Opinion of the CourtGray, J.
This is an original proceeding in this court to obtain a writ of prohibition, prohibiting the Honorable John T. Moore as judge of the thirty-first judicial district of this state from entertaining further jurisdiction in a certain case in Stone county, wherein Nellie Wicker sham is plaintiff, and the relator is the defendant.
The question to be determined is presented in the following agreed statement of facts: “It is agreed that the sole and only question to be decided is whether *651a non-resident of the state of Missouri when attending court, as a defendant, and witness, in said cause in…
2Cases cited17 opinions
- Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Brooks v. StateSupreme Court of Delaware · 1911
- Kane v. McCownSupreme Court of Missouri · 1874
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
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3Cited by7 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Goade v. VollrathDistrict Court, W.D. Missouri · 1948
- Estate of Moody v. GraceMissouri Court of Appeals · 1935
- Gazzoli v. Star Novelty Co.Missouri Court of Appeals · 1962
- Smith v. IversonUtah Supreme Court · 1924
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