State ex rel. St. Louis Dressed Beef & Provision Co. v. Nixon
Supreme Court of Missouri
Prohibition. (1) It has been decided in State ex rel. Dunham v. Nixon, that the Springfield Court of Appeals has no jurisdiction to try cases appealed from the circuit court of the city of St. Louis, and relator, on the authority of that case, refrains -from further discussion' on that point.
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Prohibition. (1) It has been decided in State ex rel. Dunham v. Nixon, that the Springfield Court of Appeals has no jurisdiction to try cases appealed from the circuit court of the city of St. Louis, and relator, on the authority of that case, refrains -from further discussion' on that point. (2) Prohibition is the proper remedy when a court of appeals attempts wrongfully to exercise jurisdiction under an unconstitutional statute, and,, even after mandate of the court of appeals and execution in pursuance thereof in the circuit court, it is not too late for prohibition to issue, provided the…
1Opinion of the CourtFerriss, J.
This is an application for a writ of prohibition against the judges of the Springfield Court of Appeals and a judge of the St. Louis Circuit Court to prevent further action in this case, which was trans*502ferred to the Springfield Court of Appeals from the St. Louis Court of Appeals.
The application is based upon the following facts:
At the October term, 1906, of the circuit of the city of St. Louis, one William Moudy, as plaintiff, obtained a judgment against the St. Louis Dressed Beef & Provision Company, a corporation, for personal injuries, in the sum of $5000'. The case was appealed to this…
2Cases cited10 opinions
- State ex rel. Dunham v. NixonSupreme Court of Missouri · 1910
- Kelsey v. ForsythSupreme Court of the United States · 1858
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Baily v. BirkhoferSupreme Court of Iowa · 1904
- City of St. Louis v. R. J. Gunning Co.Supreme Court of Missouri · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State ex rel. O'Malley v. NixonSupreme Court of Missouri · 1911
- Star Bottling Co. v. Louisiana Purchase Exposition Co.Supreme Court of Missouri · 1912
- Christensen v. New York Life InsuranceMissouri Court of Appeals · 1911
- Mott Store Co. v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Finley v. United Railways Co.Supreme Court of Missouri · 1911
47 more not listed; retrieve them via the Exa API.