State ex rel. McManus v. Muench
Supreme Court of Missouri
Prohibition. On October 23,1908, the circuit court of the city of St. Louis had no jurisdiction over either the person of relator or the subject-matter of the decree. “Jurisdiction in the court is the power to hear and determine the particular case’ involved. If this power to hear and determine the particular case does not exist in the court in point of law, then there can be no jurisdiction in the case.” People v. Dist.
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Prohibition. On October 23,1908, the circuit court of the city of St. Louis had no jurisdiction over either the person of relator or the subject-matter of the decree. “Jurisdiction in the court is the power to hear and determine the particular case’ involved. If this power to hear and determine the particular case does not exist in the court in point of law, then there can be no jurisdiction in the case.” People v. Dist. Ct. of Lake Co., 26 Colo. 386; Jones v. Brown, 54 Iowa 74; Bingham v. Henrici (Pa.), 16 Atl. 618. In Andrews’ Stephen’s Pleading (2 Ed.), page 34, we find the following…
1Opinion of the CourtLamm, J.
This is an original proceeding on the suggestion of relator for the State’s writ of prohibition directed to the Hon. Hugo Muench, circuit judge —the suggestion being within section 4448, Revised Statutes 1899 (q. v.). Passing a rule that respondent show cause, we let a preliminary writ go. On return coming in, relator moves for judgment on the pleadings and that the preliminary rule be made absolute.
Such is the issue at law up for détermination.'
The motion confesses the averments of the return. On the other hand, the return practically confesses the averments of fact in the petition. In this…
2Cases cited2 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Adams v. CowlesSupreme Court of Missouri · 1888
3Cited by50 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Dahlberg v. FisseSupreme Court of Missouri · 1931
- State Ex Rel. Houser v. GoodmanMissouri Court of Appeals · 1966
- Riggs v. MoiseSupreme Court of Missouri · 1939
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