Coleman v. Dalton
Missouri Court of Appeals
Original Proceeding by Prohibition. (1) The question of jurisdiction must be presented to the lower tribunal, and a holding made by it assuming jurisdiction before a writ of prohibition will be granted. The, plaintiff was therefore right when he presented his motion to the jurisdiction; and when it was overruled, he could apply for a writ of prohibition. All of the authorities are to this effect. High’s Ex. Leg. Rem. [3 Ed.], secs. 773-780; Cox v. St. Album, 1 Mod.
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Original Proceeding by Prohibition. (1) The question of jurisdiction must be presented to the lower tribunal, and a holding made by it assuming jurisdiction before a writ of prohibition will be granted. The, plaintiff was therefore right when he presented his motion to the jurisdiction; and when it was overruled, he could apply for a writ of prohibition. All of the authorities are to this effect. High’s Ex. Leg. Rem. [3 Ed.], secs. 773-780; Cox v. St. Album, 1 Mod. Eep. 81; Ex parte McMeechem, 12 Ark. 70; Ex parte City of Little Rock, 26 Ark. 52; Ex parte Hamilton, 51 Ala. 62; State v. Judge,…
1Opinion of the CourtGill, J.
This case has been submitted on the plaintiff’s petition and defendant’s return or answer, showing about this state of facts:
On the sworn information of a relative of plaintiff O. P. Coleman, the defendant Dalton, probate judge of *20Bates county, cited said Coleman to appear before said probate court on April 12, 1897, then and there to answer the said information advising that said Coleman was of unsound mind and suggesting to said court that a guardian or curator should be appointed to protect his property, etc. At the date named the said C. P. Coleman appeared by attorney before the probate…
2Cases cited9 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- Coleman v. FarrarSupreme Court of Missouri · 1892
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- In Re Estate of SheldonSupreme Court of Missouri · 1945
- State ex rel. Finch v. DuncanMissouri Court of Appeals · 1917
- State ex rel. American Pigment & Chemical Co. v. ShieldsSupreme Court of Missouri · 1911
- Novak v. AkersMissouri Court of Appeals · 1984
7 more not listed; retrieve them via the Exa API.