State ex rel. Johnson v. Withrow
Supreme Court of Missouri
Prohibition. (1) The constitution of the state confers plenary-original jurisdiction on probate courts over settling the accounts of executors and administrators. Const., art. 6, sec. 34; R. S. 1889, secs. 47, 48. The circuit court has no original jurisdiction in civil cases which are otherwise provided for by law. Stale ex rel.
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Prohibition. (1) The constitution of the state confers plenary-original jurisdiction on probate courts over settling the accounts of executors and administrators. Const., art. 6, sec. 34; R. S. 1889, secs. 47, 48. The circuit court has no original jurisdiction in civil cases which are otherwise provided for by law. Stale ex rel. Sanders v. Blakemore, 104Mo. 340. (2) Moreover, when John M. Glover filed his final account in the probate court and Shepley appeared therein and filed his exceptions, he thereby made his election of the latter forum. The probate court, having thus acquired…
1Opinion of the CourtGantt, P. J.
This is a proceeding to obtain a writ of prohibition from this court to prohibit and restrain Hon. James E. Withrow, judge of division number 3 of the circuit court of St. Louis, and Arba N. Crane, Esq., a referee appointed by said court, from hearing and finding on the issues and from assuming or exercising jurisdiction in a certain cause brought and pending in said division of said circuit court, wherein the state of Missouri at the relation of John F. Shepley, administrator de bonis non of John R. Shepley, deceased, in charge of the copartnership estate of Glover and Shepley, is plaintiff,…
2Cases cited7 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
- Mastin v. SloanSupreme Court of Missouri · 1889
- Wilson v. BerkstresserSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Tebbetts v. RickartSupreme Court of Missouri · 1913
27 more not listed; retrieve them via the Exa API.