Trainer v. Porter
Supreme Court of Missouri
Petition for ivrit of prohibition. I. Mandamus will not lie to compel an inferior tribunal to give a particular judgment, or to reverse a decision where it has once acted. (State ex rel.
Read the full summary
Petition for ivrit of prohibition. I. Mandamus will not lie to compel an inferior tribunal to give a particular judgment, or to reverse a decision where it has once acted. (State ex rel. Adamson v. Lafayette County Court, 41 Mo. 224-5; ex parte Jesse Hoyt, 13 Pet., Sup. 0. U. S., 289-90 ; Ex parte Myra Clark Whitney, 13 Pet. 407-8 ; Ex parte Taylor, 14 How., U. S., 12-13 ; Ex parte Koon, 1 Denio, 645-6 ; Elkins v. Athearn, 2 Denio, 192-3 ; The People v. The Judges of Dutchess Common Pleas, 20 Wend. 659 ; Chase v’. Blackstone Canal Co., 2 Pick. 244.)- Ilf The functions of the County Court…
1Opinion of the CourtCurrier, Judge
This is an application for a writ of prohibition forbidding the further entertainment or prosecution of the proceedings therein described.
The petition shows that one Talbott, late of said Montgomery county, died seized of a large amount of real estate, situated in that county, and that his personal assets were insufficient to pay his debts; that one Pittman was appointed by the County Court of Montgomery county to administer upon said Talbott’s estate; that said Pitman, subsequent to his appointment, and in all respects in due conformity to law, advertised and sold at public vendue certain of…
2Cases cited5 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Ex parte SmithSupreme Court of Alabama · 1853
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- Thomas v. MeadSupreme Court of Missouri · 1865
- Howard v. PierceSupreme Court of Missouri · 1866
3Cited by7 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
- State ex rel. Bowling Green Trust Co. v. BarnettSupreme Court of Missouri · 1912
- Clark v. De GraffenreidSupreme Court of Oklahoma · 1917
- State Ex Rel. Priest v. CalhounMissouri Court of Appeals · 1920
2 more not listed; retrieve them via the Exa API.