State ex rel. Rogers v. Rombauer
Supreme Court of Missouri
Prohibition. An application was made by relator, Mr. Rogers, a member of the school board of St. Louis City, against the judges of the St. Louis court of appeals, to prohibit the latter from entertaining jurisdiction of a cause in quo warranto, wherein the state, at the relation of the circuit attorney of St. Louis, was plaintiff, then pending in that court. The object of the last-named action was to oust Mr. Rogers from his office as a member .of that board.
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Prohibition. An application was made by relator, Mr. Rogers, a member of the school board of St. Louis City, against the judges of the St. Louis court of appeals, to prohibit the latter from entertaining jurisdiction of a cause in quo warranto, wherein the state, at the relation of the circuit attorney of St. Louis, was plaintiff, then pending in that court. The object of the last-named action was to oust Mr. Rogers from his office as a member .of that board. A preliminary rule upon defendants, to show cause, to the supreme court (at its next session) why a writ of prohibition should not be…
1Opinion of the CourtBarclay, J.
Relator asks a prohibition against the judges of the St. Louis court of appeals in the circumstances shown in the statement of facts accompanying this opinion.
I. The case in quo warranto in that court against the present relator involved, as is now conceded, a construction of the constitution of Missouri in a very important particular. This appears from the record here, including the published opinion of that court on the demurrer to the information. State ex rel. v. Rogers (1890), 41 Mo. App. 335. The case belonged within the final appellate jurisdiction of this court. Consequently, the…
2Cases cited5 opinions
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- State ex rel. Macklin v. RombauerSupreme Court of Missouri · 1891
- Hoffman v. Insurance CompaniesTennessee Supreme Court · 1890
- State ex rel. Circuit Attorney v. MacklinMissouri Court of Appeals · 1890
3Cited by19 opinions
- Hutcherson v. Sovereign CampTexas Supreme Court · 1923
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- State Ex Rel. Taylor v. NangleSupreme Court of Missouri · 1950
- State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
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