State ex rel. Terminal Railroad v. Tracy
Supreme Court of Missouri
Prohibition. The preliminary writ in prohibition having issued as an exercise of discretion by this court, this case should be decided upon its merits, in the furtherance of justice.
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Prohibition. The preliminary writ in prohibition having issued as an exercise of discretion by this court, this case should be decided upon its merits, in the furtherance of justice. According to the authorities of this State and recognized text-writers, a writ in prohibition will be ordered by a superior court to curb and restrain a lower court in the following instances: First, When the lower court has no jurisdiction; Second, When the lower court is proceeding in excess of its jurisdiction; Third, When the instrumentalities of the lower court are being used for purposes of oppression, and…
1Opinion of the CourtKennish, J.
This is an original proceeding in prohibition brought by the relator, Terminal Railroad Association of St. Louis, against the respondents, Daniel O’Connell Tracy, Judge of the First District Police Court of the city of St. Louis, and the city of St. Lotus. Relator filed its petition in this court on the 28th day of June, 1910. A preliminary rule in prohibition was issued against respondents as prayed and made returnable to the October term, 1910. In due time the respondents filed their return to the writ. The relator moved for judgment on the pleadings and the cause being thus at issue is…
2Cases cited8 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- Schubach v. McDonaldSupreme Court of Missouri · 1903
- State ex rel. Hofmann v. ScarrittSupreme Court of Missouri · 1895
- State ex rel. Brown v. KleinSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Boll v. WeinsteinSupreme Court of Missouri · 1956
- Dahlberg v. FisseSupreme Court of Missouri · 1931
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
- Knight v. HaleySuperior Court of Delaware · 1934
- State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
16 more not listed; retrieve them via the Exa API.