Tebbetts v. Rickart
Supreme Court of Missouri
Habeas Corpus. (1) In certiorari, it is proper for a superior court to exercise its supervisory powers (1st) where the inferior court has acted without jurisdiction;.and (2nd) where, having jurisdiction, it has acted in excess thereof; or (3rd) where.it appears on the face of the record that the trial court rendered a judgment which it had no right in law to render. Railroad v. Board of Equalization, 64 Mo. 308; State ex rel. v. Neosho, 57 Mo.
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Habeas Corpus. (1) In certiorari, it is proper for a superior court to exercise its supervisory powers (1st) where the inferior court has acted without jurisdiction;.and (2nd) where, having jurisdiction, it has acted in excess thereof; or (3rd) where.it appears on the face of the record that the trial court rendered a judgment which it had no right in law to render. Railroad v. Board of Equalization, 64 Mo. 308; State ex rel. v. Neosho, 57 Mo. App. 198; Railroad v. Young, 96 Mo. 43; State ex rel. v. Moniteau Co. Ct., 45 Mo. App. 387; State v. Schneider, -47 Mo. App. 669; State ex rel. v.…
1Opinion of the CourtFaris, J.
This is an original proceeding in habeas corpus by virtue of which the petitioner, Lewis B. Tebbetts, is seeking to obtain from respondents the custody of Letitia Todd Breck and Barbara Breck, who are minors, aged thirteen and twelve years, respectively.
Eespondents are husband and wife. They base, their right to the custody of the said Letitia and Bar*309"bara (hereafter for the sake of brevity called the “Breck children”) upon the fact that they were on the 11th day of March, 1912, appointed by the probate •court of the city of St. Lonis gnardian of the persons and curator of the estates,…
2Cases cited51 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
- In re ClarkSupreme Court of Missouri · 1907
- Cormack v. MarshallIllinois Supreme Court · 1904
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3Cited by25 opinions
- Wakefield v. ThorpSupreme Court of Missouri · 1955
- State v. DodsonMissouri Court of Appeals · 1977
- Ex Parte BassSupreme Court of Missouri · 1931
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
20 more not listed; retrieve them via the Exa API.