Legal Opinion

State Ex Rel. Orr v. Latshaw

Supreme Court of Missouri

Decided February 9, 1922PublishedCited by 15 opinions

Prohibition. (1) When a court undertakes to act in excess of its jurisdiction, prohibition is the proper remedy. .State ex rel. v. Gates, 190 Mo. 553; State ex rel. v. Ross, 122 Mo. 464; State ex rel. v. Weithaupt, 238 Mo. 155; State ex rel. v. Seehorn, 246 Mo. 585; State ex rel. y. Board of Trustees,- 268 Mo. 168. (2) The information in the case of State v. Hammer was in proper form and charged a crime in the language of the statute.

Read the full summary

Prohibition. (1) When a court undertakes to act in excess of its jurisdiction, prohibition is the proper remedy. .State ex rel. v. Gates, 190 Mo. 553; State ex rel. v. Ross, 122 Mo. 464; State ex rel. v. Weithaupt, 238 Mo. 155; State ex rel. v. Seehorn, 246 Mo. 585; State ex rel. y. Board of Trustees,- 268 Mo. 168. (2) The information in the case of State v. Hammer was in proper form and charged a crime in the language of the statute. After judgment and sentence, it cannot he assailed for reasons which might have been good if raised by a motion to quash before judgment. State v. Lawson, 239…

1Opinion of the CourtElder., J.

This is an original proceeding for a writ of prohibition. Relator is the Prosecuting Attorney of Jackson County, and respondent is Judge of Division No. 1 of the Criminal Court of Jackson County. The remedy sought is to prevent respondent from arresting and setting aside a judgment and sentence entered in a cause entitled, “State of Missouri v. Wilbur J. Hammer,” begun in the aforesaid criminal court. Upon the filing- of the petition a preliminary rule was granted as prayed. Respondent made no return, but has entered his appearance, and filed a statement, brief and argument in which it is…

2Cases cited7 opinions

  1. United States v. MayerSupreme Court of the United States · 1914
  2. State v. DaltonTennessee Supreme Court · 1902
  3. People v. WilmotIllinois Supreme Court · 1912
  4. Marble v. VanhornMissouri Court of Appeals · 1893
  5. State ex rel. Brown v. WallsSupreme Court of Missouri · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. VernonCalifornia Court of Appeal · 1935
  2. State v. SmithSupreme Court of Missouri · 1959
  3. State Ex Rel. Burford v. SullivanCourt of Criminal Appeals of Oklahoma · 1948
  4. Blodgett v. StateSupreme Court of Missouri · 1952
  5. Griggs v. Venerable Sister Mary Help of ChristiansMissouri Court of Appeals · 1951

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API