Legal Opinion

Higgins v. Talty

Supreme Court of Missouri

Decided June 19, 1900PublishedCited by 16 opinions

Prohibition. (1) Prohibition will lie only where the act to be restrained is judicial or quasi-judicial, in its nature. State ex rel. y. Clark Oo. Court, 41 Mo. 44; Hockaday v. Newson, 48 Mo. 196; High on Extraordinary Legal Eemedies, sec. 764a. (2) Prohibition will be used where there has been an excessive use of jurisdiction.

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Prohibition. (1) Prohibition will lie only where the act to be restrained is judicial or quasi-judicial, in its nature. State ex rel. y. Clark Oo. Court, 41 Mo. 44; Hockaday v. Newson, 48 Mo. 196; High on Extraordinary Legal Eemedies, sec. 764a. (2) Prohibition will be used where there has been an excessive use of jurisdiction. State ex rel. v. Hirzel, 137 Mo. 447; Eailroad v. Wear, 135 Mo. 256; State ex rel. v. With-row, 133 Mo. 500; State ex rel. v. Elkin, 130 Mo. 90. (3) This is a question in which public morals and public welfare demand immediate settlement. Any other means would not'…

1Opinion of the CourtBurgess, J.

Tbe defendant Joseph Roselli is a resident of tbe city of St. Louis, and a keeper of a dramsbop in said city under a license granted to him by tbe plaintiff as excise commissioner, on or about tbe first day of February, 1900. On April 4th, 1900, complaint in writing was made to plaintiff as excise commissioner by one P. M. Reynolds, a police officer of said city, that Roselli was keeping and con*285ducting a disreputable and disorderly dramsbop, and was violating tbe statutes of tbe State governing dramsbop beepers, whereupon plaintiff on tbe same day gave Eoselli a written notice tbat be would…

2Cases cited9 opinions

  1. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  2. Stone v. MississippiSupreme Court of the United States · 1880
  3. Fell v. StateCourt of Appeals of Maryland · 1875
  4. Powell v. StateSupreme Court of Alabama · 1881
  5. La Croix v. County CommissionersSupreme Court of Connecticut · 1882

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

3Cited by16 opinions

  1. State v. Parker Distilling Co.Supreme Court of Missouri · 1911
  2. State v. BixmanSupreme Court of Missouri · 1901
  3. State ex rel. McAnally v. GoodierSupreme Court of Missouri · 1906
  4. Baldacchi v. GoodletCourt of Appeals of Texas · 1912
  5. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914

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

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