Reed v. Bright
Supreme Court of Missouri
Prohibition. (1) A demurrer to the petition and rule in prohibition admits every allegation of the petition well pleaded. State ex rel. v. Shepherd, 192 Mo. 497. (2) Prohibition lies whenever the lower court is without jurisdiction or is acting in excess of jurisdiction or abuse of its powers, and no other remedy is available.
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Prohibition. (1) A demurrer to the petition and rule in prohibition admits every allegation of the petition well pleaded. State ex rel. v. Shepherd, 192 Mo. 497. (2) Prohibition lies whenever the lower court is without jurisdiction or is acting in excess of jurisdiction or abuse of its powers, and no other remedy is available. State ex rel. v. Wood, 155 Mo. 425 ; Railroad v. Wear, 135 Mo. 230; State ex rel. v. Elkins, 130 Mo. 90; State v. Hirsel, 137 Mo. 447; State v. Court of Appeals, 99 Mo. 216; State v. Withrow, 133 Mo. 522; State v. Sale, 188 Mo. 493. (3) Where an appeal is perfected the…
1Opinion of the CourtGraves, J.
This is an original action in this court, the purpose of which is to prohibit the respond^ ent, Henry L. Bright, as one of the judges of the Jasper County Circuit Court, from cancelling certain orders in the case of Ollie M. Reed et al. v. Samuel Moss et al., defendants. To abbreviate, the pleadings show that in the case aforesaid judgment was entered for the defendants. The record of the court also shows that on the day such judgment was entered, the following entries of record were made in the court presided over by the said Bright, the respondent herein:
“Trial by court and decree for…
2Cases cited7 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- State ex rel. Patton v. GatesSupreme Court of Missouri · 1898
- State v. StanleySupreme Court of Missouri · 1910
- Burgess v. O'DonoghueSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Simms v. ThompsonSupreme Court of Missouri · 1922
- In Re Estate of SheldonSupreme Court of Missouri · 1945
- Pike v. PikeMissouri Court of Appeals · 1946
- Kings Lake Drainage District v. WinkelmeyerMissouri Court of Appeals · 1933
16 more not listed; retrieve them via the Exa API.