State ex rel. Clark v. Klene
Missouri Court of Appeals
Prohibition. Original Proceeding. (1) Where the demurrer is filed to petition for writ, it admits all well-pleaded facts thereof, and if these facts thus admitted show relator’s right to the writ, the demurrer should be overruled, and the writ made permanent. State ex rel. Trust Co. v. Barnett, 245 Mo. 99; State ex rel. Letcher v. Dearing, 253 Mo. 604; State ex rel. Hotel Co. v. Kimmel, 183 S. W. 651; State ex rel.
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Prohibition. Original Proceeding. (1) Where the demurrer is filed to petition for writ, it admits all well-pleaded facts thereof, and if these facts thus admitted show relator’s right to the writ, the demurrer should be overruled, and the writ made permanent. State ex rel. Trust Co. v. Barnett, 245 Mo. 99; State ex rel. Letcher v. Dearing, 253 Mo. 604; State ex rel. Hotel Co. v. Kimmel, 183 S. W. 651; State ex rel. Powers, v. Rassieur, 184 S. W. 116. (2) The writ will lie to restrain further judicial action in proceedings wherein the court has jurisdiction, if the attempted action is in…
1Opinion of the CourtBecker, J.
— By our writ of prohibition the relator- seeks to prohibit the defendants, Benjamin J. Klene, judge of the circuit court of the city of St. Louis, and Nell Clark from proceeding to hear and determine a motion to set aside and vacate a judgment, namely, a decree of divorce rendered in favor of the *412relator, Ira R. Clark, against Nell Clark one of the respondents herein.
Upon application being filed a preliminary rule was entered requiring the respondents to show cause. Respondents in due course made their return, wherein they demurred to the petition and writ in this cause for the following…
2Cases cited4 opinions
- State ex rel. Warde v. McQuillinSupreme Court of Missouri · 1914
- State ex rel. Frazer v. SeibelSupreme Court of Missouri · 1914
- State ex rel. Ward v. LubkeMissouri Court of Appeals · 1888
- State ex rel. Keirsey v. CalvirdMissouri Court of Appeals · 1917
3Cited by5 opinions
- Boone v. LightnerSupreme Court of the United States · 1943
- Luckes v. LuckesSupreme Court of Minnesota · 1955
- Orrick v. OrrickMissouri Court of Appeals · 1954
- Fennell v. Frisch's Adm'rCourt of Appeals of Kentucky · 1921
- Boone v. LightnerSupreme Court of the United States · 1943