State Ex Rel. Bloker v. Byrd
Missouri Court of Appeals
Prohibition. Original Proceeding. (1) It is not necessary to set out the particular constitutional provisions violated in words. State ex rel, Campbell v. St. Louis Court of Appeals, 97 Mo. 276; Baldwin v. Fries, 103 Mo. 286. (2) It is not necessary to refer to the sections of the Constitution violated by their numbers. State ex rel.
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Prohibition. Original Proceeding. (1) It is not necessary to set out the particular constitutional provisions violated in words. State ex rel, Campbell v. St. Louis Court of Appeals, 97 Mo. 276; Baldwin v. Fries, 103 Mo. 286. (2) It is not necessary to refer to the sections of the Constitution violated by their numbers. State ex rel. Campbell v. St. Louis Court of Appeals 97 Mo. 276, Baldwin v. Fries, 103 Mo. 287. (3) It is only necessary to plead, the facts and the courts must apply the law (constitution) to the facts pleaded. State ex rel. Campbell v. St. Louis Court of Appeals, 97 Mo. 276.…
1Opinion of the CourtDaues, J.
— This is an original proceeding in prohibition against the Honorable Peter Hnck, of the 27th Judicial Circuit, as Judge of the circuit court of Ste. Genevieve county, Missouri, with whom William Dyer Byrd is made respondent. The object of the proceeding is to prohibit Judge Huck from sustaining a motion to quash the return of the city clerk of the City of Caruthersville in an election contest pending in the circuit court of Ste. Genevieve county. On relator’s application we heretofore issued our preliminary rule in prohibition. Respondents filed separate returns, to each of which relator…
2Cases cited27 opinions
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- Brookline Canning & Packing Co. v. EvansSupreme Court of Missouri · 1911
- State ex rel. McCurdy v. SloverSupreme Court of Missouri · 1895
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