Legal Opinion

State ex rel. Bowling Green Trust Co. v. Barnett

Supreme Court of Missouri

Decided July 2, 1912PublishedCited by 15 opinions

Prohibition. (1) The demurrer admits all the substantial, material and traversable allegations of the petition. State ex rel. v. Eby, 170 Mo. 522. (2) The suit in the circuit court does not involve or seek to affect any real or personal property situated within the jurisdiction of that court. By Sec. 1674, R. S. 1899, the jurisdiction of circuit courts is confined to the respective counties in which’ they may be held.

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Prohibition. (1) The demurrer admits all the substantial, material and traversable allegations of the petition. State ex rel. v. Eby, 170 Mo. 522. (2) The suit in the circuit court does not involve or seek to affect any real or personal property situated within the jurisdiction of that court. By Sec. 1674, R. S. 1899, the jurisdiction of circuit courts is confined to the respective counties in which’ they may be held. The question, then, is whether the suit in the circuit court involves or seeks to affect any real or personal property situate in Audrain county. This question must be…

1Opinion of the CourtGeaves, J.

— This is an original proceeding, the purpose of which is to prevent the respondent herein, judge of the circuit court in and for Audrain county, from further proceeding in a cause in said court pending, wherein the Continental Securities Company and *106Clarence H. Venner are plaintiffs and the relators in this case are defendants.

In the application for onr writ the relators have set ont in full the bill in equity in the circuit court case, as well as the different attempts at service upon the several defendants in the bill named. The sufficiency of the bill itself to confer jurisdiction upon…

2Cases cited7 opinions

  1. State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
  2. Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
  3. Priest v. CapitainSupreme Court of Missouri · 1911
  4. State ex rel. Hunt v. GrimmSupreme Court of Missouri · 1912
  5. State ex rel. Walker v. MurphySupreme Court of Missouri · 1896

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

3Cited by15 opinions

  1. Monticello Building Corp. v. Monticello Investment Co.Supreme Court of Missouri · 1932
  2. State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
  3. State ex rel. Taubman v. DavisMissouri Court of Appeals · 1918
  4. Eisner v. WilliamsMichigan Supreme Court · 1941
  5. Ooley v. CollinsMichigan Supreme Court · 1955

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