Oliver v. Snider
Supreme Court of Missouri
Prohibition. The contention of plaintiff is, that the judge of the Cape Girardeau Court of Common Pleas has no authority to issue a writ of injunction, in vacation, returnable to the Cape Girardeau Court of Common. Pleas; that the writ issued by the judge of the court of common pleas in this instance was issued without the authority of law, and that the court of common pleas has no jurisdiction to hear and determine the same.
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Prohibition. The contention of plaintiff is, that the judge of the Cape Girardeau Court of Common Pleas has no authority to issue a writ of injunction, in vacation, returnable to the Cape Girardeau Court of Common. Pleas; that the writ issued by the judge of the court of common pleas in this instance was issued without the authority of law, and that the court of common pleas has no jurisdiction to hear and determine the same. R. S. 1899, sec. 3629; Laws 1853, pp. 75, 79, 80, 82, 88; R. S. 1899, p. 2583, sec. 30; State ex rel. v. Kline, 116 Mo. 259, 135 Mo. 230. (2) "With the exception of the…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court to obtain a writ of prohibition against the defendant, Judge John A. Snider, the judge of the Cape Girardeau Court of Common Pleas, and the St. Louis, Memphis & Southeastern Railroad Company, from further proceeding and asserting jurisdiction to hear *65and determine a certain suit by the said railway company against the plaintiff, John F. Oliver, wherein a temporary writ of injunction was issued by Judge Snider in vacation of his said court, restraining the plaintiff Oliver from entering upon the right of way of said railway company, .and cutting…
2Cases cited3 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Fulenwider v. FulenwiderSupreme Court of Missouri · 1873
- Roth v. TiedemanSupreme Court of Missouri · 1873
3Cited by2 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Koehler v. SniderSupreme Court of Missouri · 1903