Legal Opinion

State ex rel. Kansas City Auditorium Co. v. Allen

Missouri Court of Appeals

Decided May 25, 1891PublishedCited by 15 opinions

Original Proceeding by Prohibition. (1) This court has original jurisdiction to issue original remedial writs and to hear and determine the same. Const., art. 6, sec. 12; Const. Amend., sec.' 4, concerning courts of appeal. This power is confined to cases appealable to the Kansas City Court of Appeals.

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Original Proceeding by Prohibition. (1) This court has original jurisdiction to issue original remedial writs and to hear and determine the same. Const., art. 6, sec. 12; Const. Amend., sec.' 4, concerning courts of appeal. This power is confined to cases appealable to the Kansas City Court of Appeals. State ex rel. v. Rombauer, 101 Mo. 499. The case of Kansas City Auditorium Co. v. Crawford, now pending before respondent Allen, is appealable to the Kansas City Court of Appeals and not to the supreme court. Const. Amend, concerning'courts of appeal, secs. 4 and 5 ; Const., art. 6, sec. 12.…

1Opinion of the CourtEllison, J.

— This is an .application for a writ of prohibition to be directed to A. W. Allen, a justice of the peace of Jackson county. In 1888 the Warder Grand Opera-House Company leased its opera house in Kansas City to Lester M. Crawford, for a term of five years, expiring in 1893. The relator by mesne conveyances acquired title to the property in August, 1890, and in March, 1891, instituted its suit before the respondent, a justice of the peace, for possession of the leased premises, therein claiming and alleging that “there is due and unpaid” seven months’ rent, aggregating $4,088.33, and it says…

2Cases cited12 opinions

  1. Vaughn v. ScadeSupreme Court of Missouri · 1860
  2. State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
  3. Thomas v. MeadSupreme Court of Missouri · 1865
  4. State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
  5. Banks v. PorterSupreme Court of Connecticut · 1872

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3Cited by15 opinions

  1. Renshaw v. ReynoldsSupreme Court of Missouri · 1927
  2. City of Moberly v. LotterSupreme Court of Missouri · 1915
  3. State ex rel. Bixman v. DentonMissouri Court of Appeals · 1908
  4. State ex rel. Pulliam v. FortMissouri Court of Appeals · 1904
  5. Clayton v. ClarkSupreme Court of New Jersey · 1893

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