State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. Withrow
Supreme Court of Missouri
Prohibition. Peremptory writ awarded. Application for prohibition against James E. Withrow, oñe of the judges of the circuit court of the city of St. Louis, on the ground that the Knapp-Stout &Co. Company had applied for a special jury in a certain condemnation proceeding wherein the said St. Louis, etc., Railway Company was plaintiff and the Knapp-Stout Company was defendant, and that the respondent judge had denied such application except in a manner as qualified by a rule…
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Prohibition. Peremptory writ awarded. Application for prohibition against James E. Withrow, oñe of the judges of the circuit court of the city of St. Louis, on the ground that the Knapp-Stout &Co. Company had applied for a special jury in a certain condemnation proceeding wherein the said St. Louis, etc., Railway Company was plaintiff and the Knapp-Stout Company was defendant, and that the respondent judge had denied such application except in a manner as qualified by a rule of court, which is claimed to be in violation of the statute in such cases made and provided. Both parties to the…
1Opinion of the CourtSherwood, J.
The foregoing pleadings supplemented by statutes to be presently quoted, tender the issue, and form the basis on which this cause is to be determined.
Section 29, referred to and relied on by respondent in his return as justifying and validating rule 37, is the following:
“ In every city in the state of Missouri, having over one hundred thousand inhabitants, all courts of record in which juries are required shall have power, upon the application of either party, to order a special jury for the trial of any cause, if the application be made at least three days before the trial, and when ordered,…
2Cases cited15 opinions
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
- Ex parte SnyderSupreme Court of Missouri · 1876
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- State v. UnderwoodSupreme Court of Missouri · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. PeeteCalifornia Court of Appeal · 1921
- State v. Celis-GarciaSupreme Court of Missouri · 2011
- Sanders v. AhmedSupreme Court of Missouri · 2012
- State v. HadleySupreme Court of Missouri · 1991
- State v. HameySupreme Court of Missouri · 1902
32 more not listed; retrieve them via the Exa API.