State ex rel. Chicago, Burlington, & Quincy Railroad v. Woolfolk
Supreme Court of Missouri
Prohibition. (1) The real and vital question in the ease is this: The facts pleaded-in the information do not authorize the Pike Circuit Court as a court of equity to entertain the proceeding and pass a decree. - (a) The bill exhibits no equity and is not susceptible of any conceivable amendment whereby it can be made to show jurisdiction in a court of equity over the subject-matter. The defect is not of form but of substance.
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Prohibition. (1) The real and vital question in the ease is this: The facts pleaded-in the information do not authorize the Pike Circuit Court as a court of equity to entertain the proceeding and pass a decree. - (a) The bill exhibits no equity and is not susceptible of any conceivable amendment whereby it can be made to show jurisdiction in a court of equity over the subject-matter. The defect is not of form but of substance. It is true the bill may, by liberal construction, be held to state that relator’s alleged acts constitute a “public nuisance.” Such a conclusion upon the part of the…
1Opinion of the CourtBond, J.
I. Upon the presentation of its petition for a writ of prohibition a provisional writ was awarded to relator by this court, whereupon the respondents, the judge and prosecuting attorney of Pike County, Missouri, filed a demurrer, on the ground, first, that the petition for prohibition included an allegation that other prosecuting attorneys had instituted like suits to the one sought to be prohibited in this case; second, that the petition itself stated no facts to warrant the issuance of the writ. Thereupon the parties entered into a stipulation that this proceeding should be considered at…
2Cases cited2 opinions
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- State v. RawlingsSupreme Court of Missouri · 1911
3Cited by14 opinions
- City of St. Louis v. Benjamin Moore & Co.Supreme Court of Missouri · 2007
- State Ex Rel. Boykin v. Ball Investment Co.Supreme Court of Georgia · 1940
- Smith v. TaylorMissouri Court of Appeals · 1956
- City of St. Louis v. Varahi, Inc.Missouri Court of Appeals · 2001
- Missouri Veterinary Medical Ass'n v. GlisanMissouri Court of Appeals · 1950
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