State Ex Rel. Caron v. Dearing
Supreme Court of Missouri
Prohibition. (1) Under all the facts and circumstances in this case, there was no crying need for injunctive relief without previous notice or a hearing- and the relators, having no adequate remedy by appeal or otherwise, were and are entitled to a writ of prohibition. Sec. 10, Art. 2, Mo.
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Prohibition. (1) Under all the facts and circumstances in this case, there was no crying need for injunctive relief without previous notice or a hearing- and the relators, having no adequate remedy by appeal or otherwise, were and are entitled to a writ of prohibition. Sec. 10, Art. 2, Mo. Constitution; Sec. 2057, R. S. 1919; State ;ex rel. v. Port, 210 Mo. 525; State ex rel. v. Reynolds, 275 Mo. 126; State ex rel. v. Wurdeman, 232 S. W. 1002; State ex rel. v. McQuillin, 256 Mo. 707; State ex rel. v. McQuillin, 262 Mo. 256-; Tuttle v. Blow, 176 Mo. 171; State ex rel. v. "Woodside, 254 Mo.…
1Opinion of the CourtDavid E. Blair, J.
This is an original proceeding in prohibition against respondent as judge of the Washington County Circuit Court to prevent the enforcement of a temporary injunction granted by him against relators and ‘Missouri Pacific Railroad Company. On filing and examination of relators’ petition our preliminary rule issued. Respondent has filed return thereto, and relators have filed their motion for judgment on the pleadings, thereby admitting such facts in the return as are well pleaded.
Relators are doing business at Summit, in Washington County, as Summit Live Stock Company, and are engaged in…
2Cases cited8 opinions
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- State ex rel. Thrash v. LambSupreme Court of Missouri · 1911
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- State ex rel. McMillan v. WoodsideSupreme Court of Missouri · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dumm v. Cole CountySupreme Court of Missouri · 1926
- State Ex Rel. Hog Haven Farms v. PearcySupreme Court of Missouri · 1931
- State Ex Rel. Kansas City Exchange Co. v. HarrisMissouri Court of Appeals · 1935
- State Ex Rel. Lane v. MontgomeryMissouri Court of Appeals · 1927
- State Ex Rel. Sexton v. RoehrigSupreme Court of Missouri · 1929
2 more not listed; retrieve them via the Exa API.