State ex rel. Heddens v. Rusk
Supreme Court of Missouri
PROHIBITION. (1) Respondent had no jurisdiction to make the orders and this case, is on all fours with the ease of State ex rel. v. Muench, 217 Mo. 124. (2) In its more general sense, the term jurisdiction when applied to a court is the power residing in such court to determine judicially a given action, controversy, or question presented to it for decision.
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PROHIBITION. (1) Respondent had no jurisdiction to make the orders and this case, is on all fours with the ease of State ex rel. v. Muench, 217 Mo. 124. (2) In its more general sense, the term jurisdiction when applied to a court is the power residing in such court to determine judicially a given action, controversy, or question presented to it for decision. If this power does not exist with reference to any particular case, its determination by the court is an absolute nullity. Bingham v. ITenrici, 16 Atl. 618; Bassick Co. v. Schoolfield, 10 Colo. 46; State v. Stanton, 6 Wall. 50; Luther v.…
1Opinion of the CourtLamm, J.
Prohibition. To a preliminary rule to show cause entered here on December 27, 1910, Judge Mosman made return showing, among other things, that his term of office as judge expired after *205the writ issued and before its return day. Thereupon his sucessor, Judge Rusk, entered his appearance as substituted respondent and adopted his return. Thereupon the cause was submitted on a motion for judgment on the pleadings.
In brief the case is this:
In June, 1886, Samuel Ensworth executed his last will and testament, he then owning a considerable estate and making certain bequests and devises. Clause five…
2Cases cited4 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
- State ex rel. Ponath v. MuenchSupreme Court of Missouri · 1910
- Woodard v. MastinSupreme Court of Missouri · 1891
3Cited by16 opinions
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Wiegand v. the Barnes FoundationSupreme Court of Pennsylvania · 1953
- State Ex Rel. Burtrum v. SmithSupreme Court of Missouri · 1947
- Taylor v. BaldwinSupreme Court of Missouri · 1952
- Ramsey v. City of BrookfieldSupreme Court of Missouri · 1951
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