Wand v. Ryan
Supreme Court of Missouri
Prohibition. (1) The provisional prohibition can not be used as a writ of error, appeal or certiorari. State ex rel. v. Lewis, 76 Mo. 376; State ex rel, v. Thayer, 80 Mo. 440. (2) Plaintiff Wand not having given bond, according to statute, nor secured an order of supersedeas, there was nothing to prevent scire facias and execution, especially as the arrears of alimony had not accrued at the time of the first judgment, and the circuit court had full right and jurisdiction to…
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Prohibition. (1) The provisional prohibition can not be used as a writ of error, appeal or certiorari. State ex rel. v. Lewis, 76 Mo. 376; State ex rel, v. Thayer, 80 Mo. 440. (2) Plaintiff Wand not having given bond, according to statute, nor secured an order of supersedeas, there was nothing to prevent scire facias and execution, especially as the arrears of alimony had not accrued at the time of the first judgment, and the circuit court had full right and jurisdiction to award execution for damages. Sec. 2249, E. S. 1889; State ex rel. v. Hirzel, 137 Mo. 435; State ex rel. v. Woodson, 128…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court by plaintiff to obtain a writ of prohibition absolute against Hon. O’Neill Eyan, one of the judges of the circuit court of the city of St. Louis, to restrain and prohibit him from taking-further cognizance of a certain cause pending in his court, wherein Elizabeth J. Burnside, his co-defendant herein, is plaintiff, and Thomas Wand is defendant.
A rule to show cause why said writ should not issue was granted by one of the judges of this court in vacation on July 1, ,1901, returnable to the first day of this term, and in the meantime to refrain from…
2Cases cited9 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Jones v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014
- State ex rel. Terminal Railroad v. TracySupreme Court of Missouri · 1911
- State Ex Rel. Holtkamp v. Hartmann.Supreme Court of Missouri · 1932
- State ex rel. United States Fidelity & Guaranty Co. v. HartySupreme Court of Missouri · 1919
- State Ex Rel. Caulfield v. SartoriusSupreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.