Legal Opinion

St. Louis, Kennett & Southern Railroad v. Wear

Supreme Court of Missouri

Decided June 30, 1896PublishedCited by 49 opinions

Prohibition. The proceeding before Judge Wear was upon a petition in which Mr. Kerfoot was named as plaintiff and the “St. Louis, Kennett & Southern Railroad company, a corporation, and Louis Hoiick, E. P. Blomeyer, L. B. Houck, Theophilus Besel and E. S. McCarty, as directors in said Railroad Company, and the Pemiscot Railroad company, a corporation, and Robert Gr.

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Prohibition. The proceeding before Judge Wear was upon a petition in which Mr. Kerfoot was named as plaintiff and the “St. Louis, Kennett & Southern Railroad company, a corporation, and Louis Hoiick, E. P. Blomeyer, L. B. Houck, Theophilus Besel and E. S. McCarty, as directors in said Railroad Company, and the Pemiscot Railroad company, a corporation, and Robert Gr. Ranney, Leo Doyle, Robert T. Griboney, and John R. Jeannin, directors in said railroad company, and Louis Houck,” defendants. The substance of that petition (according to the statement of the counsel for defendants in the supreme…

1Opinion of the CourtBarclay, J.

This action is original in the supreme court. The plaintiffs are the St. Louis, Ken nett & Southern railroad company, Louis Houck, and a number of other shareholders in said company.

The defendants are the learned circuit judge of the 22d circuit, and Messrs. Kerfoot and Eordyce, plaintiff and receiver in the proceeding before the judge.

The object of the action is to obtain a writ of prohibition against the enforcement of certain orders entered by the judge in vacation of the court. (Copies of those orders will be printed in the official report.)

The claim of plaintiffs here is that the orders…

2Cases cited23 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. People v. WeigleyIllinois Supreme Court · 1895
  3. Howard v. Railway Co.Supreme Court of the United States · 1880
  4. Wabash Railroad v. DykemanIndiana Supreme Court · 1892
  5. People ex rel. Port Huron & Gratiot Railway Co. v. Judge of St. Clair CircuitMichigan Supreme Court · 1875

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

3Cited by49 opinions

  1. People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
  2. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  3. State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
  4. Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
  5. Ex Parte Hernreich v. QuinnSupreme Court of Missouri · 1943

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

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