State ex rel. Jiner v. Foard
Supreme Court of Missouri
Prohibition. (1) The writ of prohibition lies to prevent an excessive or unauthorized application of judicial power, and also to prohibit a court from assuming judicial power not granted by law. State ex rel. v. Williams, 221 Mo. 227. (2) The suit instituted by London Jiner v. Lizzie Jiner is under Secs. 2401, 2402 and 2403, R. S. 1909, and the prayer of plaintiff is for a temporary restraining order.
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Prohibition. (1) The writ of prohibition lies to prevent an excessive or unauthorized application of judicial power, and also to prohibit a court from assuming judicial power not granted by law. State ex rel. v. Williams, 221 Mo. 227. (2) The suit instituted by London Jiner v. Lizzie Jiner is under Secs. 2401, 2402 and 2403, R. S. 1909, and the prayer of plaintiff is for a temporary restraining order. (3) Injunctions cannot be changed by calling them restraining orders or other names, and a bond is a condition necessary (before final judgment) to give courts jurisdiction to make such orders.…
1Opinion of the CourtGraves, J.
Original proceeding in prohibition. The facts of the case must.be gathered from the returns, as the" case proceeds here upon the pleadings, without evidence. Judge Foard of the Butler Circuit Court, one of the respondents, makes returns as follows :
“Now comes J. P. Foard, one of the respondents herein, and for his return to the writ of prohibition issued in this case, respectfully says
“That he is now, and was at the time mentioned in said writ, the duly acting and qualified judge of circuit court of Butler county, Missouri.
“That on the 14th day of February, 1913, in the circuit court of…
2Cases cited10 opinions
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Stump v. HornbackSupreme Court of Missouri · 1891
- Mann v. DoerrSupreme Court of Missouri · 1909
- Gracey v. City of St. LouisSupreme Court of Missouri · 1909
- Claussen v. RayburnSupreme Court of Iowa · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- Gray v. ClementSupreme Court of Missouri · 1922
- Snadon v. GayerMissouri Court of Appeals · 1978
- Ex Parte GounisSupreme Court of Missouri · 1924
- Staub v. PhillipsSupreme Court of Missouri · 1925
6 more not listed; retrieve them via the Exa API.