State ex rel. Morse v. Burckhartt
Supreme Court of Missouri
Prohibition. (1) The office of the writ of prohibition is to keep inferior courts within the limits of their proper jurisdiction, and when they get out of their jurisdiction or act without authority, or usurp or assume authority, a superior court, in the exercise of its superintending control by the means of this writ, will restrain the action of such courts. 8 Black.
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Prohibition. (1) The office of the writ of prohibition is to keep inferior courts within the limits of their proper jurisdiction, and when they get out of their jurisdiction or act without authority, or usurp or assume authority, a superior court, in the exercise of its superintending control by the means of this writ, will restrain the action of such courts. 8 Black. Com. 112; Bacon Ab. 7 London Ed.; Comyn’s-Dig., Title Prohibition ; People v. Supervisors, 1 Hill 195, 200; Thomas v. Mead, 36 Mo. 232, 237 ; State ex rel. Westv. Clark County Court, 41 Mo. 44, 49 ; Yitt v. Owens, 42 Mo. 512;…
1Opinion of the CourtHenby, C. J.
In September, 18S5, Joseph Loring filed an application to the Boone- county court for a dramshop license, under what is known as ‘ ‘ The Down; ing” or “high license law,” having complied with all the provisions of said law; and the county court so found, but refused the license, holding that the act approved March 25, 1875, prohibiting the granting of dramshop licenses within three miles of the State University was not repealed by the “Downing law” and *536was still in force. Thereupon the said Loring applied to the circuit court of Boone county for a mandamus to compel the county court to fix…
2Cases cited2 opinions
- United States v. HoffmanSupreme Court of the United States · 1867
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
3Cited by29 opinions
- State ex rel. Wright v. BarneyNebraska Supreme Court · 1937
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Tebbetts v. RickartSupreme Court of Missouri · 1913
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