State ex rel. McCaffery v. Eggers
Supreme Court of Missouri
Prohibition. Judge Withrow is shown by the return to have been incompetent to act in vacation for Judge Eisher, inasmuch as his-own division was at that time in session and whatever actions were taken in reference to the matter must have been done in term time and not in vacation of court.
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Prohibition. Judge Withrow is shown by the return to have been incompetent to act in vacation for Judge Eisher, inasmuch as his-own division was at that time in session and whatever actions were taken in reference to the matter must have been done in term time and not in vacation of court. If it is true, as-claimed by him in his return, that he was called upon by Judge Eisher to try and determine whatever cases might come before division number 4 during Judge Eisher’s absence from the city, it was his duty to try them as said court and not as one of the judges in vacation and for another…
1Opinion of the CourtValliant, J.
This case is in all respects like that of State ex rel. McCaffery, v. Aloe, 152 Mo. 466, except that in this case the suit in the circuit court was instituted by the circuit attorney of the city of St. Louis, instead of by citizens and taxpayers, and it was assigned to Division No. 4 of the circuit court of the city of St. Louis, of which division Judge Eisher: was the judge, but in his absence, from the city and in the vacation of the court Judge Withrow, one of the judges of the cir-cuit court of -the city of St. Louis, in chambers, issued the temporary injunction complained of.
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2Cases cited2 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
3Cited by7 opinions
- Hutchins v. City of Des MoinesSupreme Court of Iowa · 1916
- Goddard ex rel. Hyde v. DelaneySupreme Court of Missouri · 1904
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- Fenn v. ReberMissouri Court of Appeals · 1910
- State ex rel. Chandler v. AllenSupreme Court of Missouri · 1911
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