State Ex Rel. Caldwell v. Cockrell
Supreme Court of Missouri
Prohibitio.n. (1) It is beyond the power of any court to make rules or take action which comes into collision with either the organic or statutory law. State ex rel. v. Withrow, 133 Mo..522; Gormerly v. MeGlynn, 84 N. Y. 284;. Works on Courts andl Their Jurisdiction, pi. 177; State ex rel. Partridge v. Lewis, 71 Mo. 170; State v. Underwood, 75 Mo. 230; State ex rel. v. Gideon, 119 Mo. 94; Calhoun v. Crawford, 50 Mo. 458; Purcell v. Railroad, 50 Mo. 504; 4 Am. & Eng. Elncy.
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Prohibitio.n. (1) It is beyond the power of any court to make rules or take action which comes into collision with either the organic or statutory law. State ex rel. v. Withrow, 133 Mo..522; Gormerly v. MeGlynn, 84 N. Y. 284;. Works on Courts andl Their Jurisdiction, pi. 177; State ex rel. Partridge v. Lewis, 71 Mo. 170; State v. Underwood, 75 Mo. 230; State ex rel. v. Gideon, 119 Mo. 94; Calhoun v. Crawford, 50 Mo. 458; Purcell v. Railroad, 50 Mo. 504; 4 Am. & Eng. Elncy. Law, 450. (2) Prohibition is the propier remedy when the action of the lower court exhibits evidences of excess of…
1Opinion of the CourtGoode, J.
The respondent, Honorable Ewing Cockrell, is Judge of the Circuit Court of -Tohnson County, and of the circuit courts of the other counties in the Seventeenth Judicial Circuit. The relator, J. M. Cald well, is Clerk of the Circuit Court of Johnson County, and the purpose of this case is to prohibit the respondent, as judge of said court, from going further with a proceeding commenced by .respondent' against relator for a' contempt in refusing to record two specific entries he was ordered by respondent to record, and for recording instead two other and different entries not directed by the…
2Cases cited19 opinions
- In re ClarkSupreme Court of Missouri · 1907
- Houston v. WilliamsCalifornia Supreme Court · 1859
- Hirsh v. TwyfordSupreme Court of Oklahoma · 1913
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
- In Re New York & Porto Rico Steamship Co.Supreme Court of the United States · 1895
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3Cited by15 opinions
- Coons v. StateIndiana Supreme Court · 1922
- Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
- State Ex Rel. Conran v. DuncanSupreme Court of Missouri · 1933
- State Ex Rel. Webb v. PiggSupreme Court of Missouri · 1952
- Flynn v. JanssenSupreme Court of Missouri · 1954
10 more not listed; retrieve them via the Exa API.