State ex rel. Sullivan v. Reynolds
Supreme Court of Missouri
Prohibition. (1) This is a proper case for prohibition; the object of the writ being to restrain respondent, as judge of a circuit court, from further proceeding therein for want of jurisdiction, in the court, to entertain and try the cause; and the writ will issue equally where the inferior court exceeds or undertakes to exceed its jurisdiction in a cause of which it may take cognizance, no less than in cases where it has no jurisdiction whatever.
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Prohibition. (1) This is a proper case for prohibition; the object of the writ being to restrain respondent, as judge of a circuit court, from further proceeding therein for want of jurisdiction, in the court, to entertain and try the cause; and the writ will issue equally where the inferior court exceeds or undertakes to exceed its jurisdiction in a cause of which it may take cognizance, no less than in cases where it has no jurisdiction whatever. Morris v. Lenox, 8 Mo. 252; State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. St. Louis Court of Appeals, 99 Mo. 216; State ex rel. v. Slover,…
1Opinion of the CourtWoodson, J.
This is an original proceeding instituted in this court, seeking to prohibit the respondent, as judge of the circuit court of the city of St. Louis, from taking and' further exercising jurisdiction over the parties to, and the subject-matter involved in, the case of Louis- F. Algrem et al. vs. William B. Sullivan et al., pending in the circuit court of said city.
The facts in the ease are not disputed, and are substantially as follows, as disclosed by the petition for the preliminary writ and the return thereto of the respondent, to-wit:
At the May term, 1905,.of the circuit court of St. Louis…
2Cases cited27 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
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