State ex rel. Smith v. Levens
Missouri Court of Appeals
Appeal from, Pettis Circuit Court. — Hon. Richard Field, Judge.' The case is stated in the opinion. In State ex rel. v. Police Commissioners, 16 Mo. App. 48, the practice was exactly the same as in this case. The “petition” or application for prohibition being filed ‘ ‘ the defendants demurred generally to this petition and the demurrer was sustained.” This was in the circuit court. An appeal was taken and entertained by court of appeals without doubt or question.
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Appeal from, Pettis Circuit Court. — Hon. Richard Field, Judge.' The case is stated in the opinion. In State ex rel. v. Police Commissioners, 16 Mo. App. 48, the practice was exactly the same as in this case. The “petition” or application for prohibition being filed ‘ ‘ the defendants demurred generally to this petition and the demurrer was sustained.” This was in the circuit court. An appeal was taken and entertained by court of appeals without doubt or question. See also State ex rel. ■». Allen, 92 Mo. 20; State ex rel v. Horner, 16 Mo. App. 191 ; State ex rel. n. Lewis, 76 Mo. 370; State…
1Opinion of the CourtHall, J.
— This was an application to the circuit court for a writ of prohibition to Henry C. Levens, recorder of the city of Sedalia, and said city. The object sought was to prohibit the said recorder and city from further holding cognizance of, or prosecuting a certain prosecution begun and pending before said recorder. The court sustained a demurrer to the application, and an appeal was taken to this court. “The writ of prohibition is not like the writ of habeas corpus, a writ of right. It is a writ, the award of which is to be governed by the discretion of the court applied to the facts presented…
2Cases cited2 opinions
- People Ex Rel. Adams v. WestbrookNew York Court of Appeals · 1882
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
3Cited by3 opinions
- Davison v. HoughSupreme Court of Missouri · 1901
- Ostmann v. FreyMissouri Court of Appeals · 1910
- State ex rel. Aho v. Justice CourtMontana Supreme Court · 1957