State Ex Rel. Russell v. Gardner

This is a proceeding in prohibition brought against the Honorable Ira S. Gardner, Judge of Division Number Two of the Municipal Court of Kansas City, Missouri. The provisional writ was granted and respondent filed his return. The relator filed a motion for judgment on the pleadings, and the case is submitted to us on this motion.

The facts as shown by the ple'adings are that on the 24th day of April, 1924, relator was arrested at the northeast corner of 18th Street and Grand Avenue in Kansas City, Missouri, and taken before respondent, the judge of Division No. 2 of the Municipal Court of…