State ex rel. Missouri Pacific Railroad v. Seay
Missouri Court of Appeals
Application for a writ of prohibition. This court has jurisdiction. In re McDonald, 19 Mo. App. .532. The trial court had no jurisdiction to :act in that case, and its appointment of commissioners ■was coram non judicel See Laws of Kansas ; .Charter of the St. L., K. C. & Col.
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Application for a writ of prohibition. This court has jurisdiction. In re McDonald, 19 Mo. App. .532. The trial court had no jurisdiction to :act in that case, and its appointment of commissioners ■was coram non judicel See Laws of Kansas ; .Charter of the St. L., K. C. & Col. R. R. Co.; 1 Rev. Stat. of Mo.' 1879, sect. 790 ; Session Acts of Mo., 1881, amending sect. 790r p. 75. “A writ of prohibition issues from a higher to a. lower court which is exceeding its jurisdiction, and commands the judge of such court, and the parties to the action, to cease from prosecuting the same on the ground…
1Opinion of the CourtRombauer, J.
The Missouri Pacific Railway Company, as relator,, in the name of the state of Missouri, applied for a writ of prohibition against Seay, Judge of the circuit court of Franklin county; the St. Louis, Kansas City & Colorado Railroad Company, a foreign corporation, and O’Shea, Gentry, and Fisher, commissioners appointed by the Franklin county circuit court, to ascertain the' points and manner of the crossing of the relator’s railroad by the proposed railroad of the defendant company, and to assess the damages, if any, arising to the relator' by the location, construction, maintenance, and…
2Cases cited15 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
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3Cited by19 opinions
- Olden v. PaxtonIdaho Supreme Court · 1915
- State ex rel. Crouse v. MillsSupreme Court of Missouri · 1910
- Hansford v. HansfordMissouri Court of Appeals · 1889
- State Ex Rel. Fabrico v. JohnsonSupreme Court of Missouri · 1922
- State ex rel. Finch v. DuncanMissouri Court of Appeals · 1917
14 more not listed; retrieve them via the Exa API.