Legal Opinion

State ex rel. Schonhorst v. Cline

Missouri Court of Appeals

Decided November 20, 1900PublishedCited by 4 opinions

Writ of Prohibition issued against Respondent (with directions). (1) Prohibition is the proper remedy in this ease. “The remedy afforded by the writ of prohition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.” Sec. 4448, R. S. 1899. It is a direct attack on the action of the court.

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Writ of Prohibition issued against Respondent (with directions). (1) Prohibition is the proper remedy in this ease. “The remedy afforded by the writ of prohition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.” Sec. 4448, R. S. 1899. It is a direct attack on the action of the court. State ex rel. v. Rombauer, 105 Mo. 103. (2) Such remedy is adequate when it reaches the end intended, and actually compels the performance of the duty which has been neglected or refused (or cures the wrong done). It…

1Opinion of the CourtBiggs, J.

— The relator is the defendant in an action now pending before the respondent, who is one of the justices of the peace for the city of St. Louis. -The action is on a promissory note which the relator admits he executed. The plaintiff in the suit claimed to own the note, Which the relator denied. On a trial before a jury the relator interposed the defense of payment. The probative force of his evidence as to payment depended upon whether Fisher & Company, with whom the relator claimed to have had his dealings, were the agents of the plaintiff in the suit. The respondent admitted *631the evidence…

2Cases cited7 opinions

  1. State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
  2. State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
  3. State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
  4. Weeks v. EtterSupreme Court of Missouri · 1884
  5. State ex rel. Wedeking v. McCrackenMissouri Court of Appeals · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Lehmer v. SmithMissouri Court of Appeals · 1926
  2. Rice v. LucasSupreme Court of Missouri · 1978
  3. State ex rel. Benson v. BrooksMissouri Court of Appeals · 1912
  4. State ex rel. Vanderburg v. BidwellMissouri Court of Appeals · 1909

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