State ex. rel. South Dakota Children's Home Society v. Kelley
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. 'Hon. Ai.va E-Taylor, Judge. Prohibition by the State, on the relation of the Sooth Dakota Chl'dren’s Home Society, against C. A. Kelly, as Judge of the County Court of Beadle County, and A. J. Larson, as sheriff, to enjoin continuance of certain proceedings in said County Court. From a judgment issuing a peremptory writ, respondents appeal.
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Appeal from Circuit Court, Beadle County. 'Hon. Ai.va E-Taylor, Judge. Prohibition by the State, on the relation of the Sooth Dakota Chl'dren’s Home Society, against C. A. Kelly, as Judge of the County Court of Beadle County, and A. J. Larson, as sheriff, to enjoin continuance of certain proceedings in said County Court. From a judgment issuing a peremptory writ, respondents appeal. To authorize the issuing of prohibition from a superior court, it should be clearly made to appear that the inferior court is about to proceed in some matter over which it possesses no jurisdiction. 19 Am. & Eng.…
1Opinion of the CourtGates, J.
This is an appeal from a peremptory writ of prohibition issued by the circuit court of Beadle county, S. D., to the judge of the county court of said county and the sheriff of said county. A child, now known as Celeste Issenhuth, was born August, 1901, in Cleveland, Ohio. When six years old she was taken from her mother, Kate McGaugh, by the order of some court in Cleveland and placed in the St. Joseph’s Home for Children. In the month of August, 1909, the said child was adopted by John Issenhuth and wife, by proceedings had in the county court of Spink county, S'. D. In August, 1912, a…
2Cases cited6 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- Board of Education v. HoltWest Virginia Supreme Court · 1902
- Bice v. Boothsville Telephone Co.West Virginia Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chaplin v. Superior CourtCalifornia Court of Appeal · 1927
- Corsica State Bank v. HeezenSouth Dakota Supreme Court · 1928
- In Re CrawfordSouth Dakota Supreme Court · 1965
- In Re CrawfordSouth Dakota Supreme Court · 1965
- State v. City of New OrleansSupreme Court of Louisiana · 1921