State ex rel. Ward v. Lubke
Missouri Court of Appeals
Application for a writ of prohibition. Even if it did appear from the alternative writ that this court conld not have appellate jurisdiction of the cause below, this is not a proceeding to prohibit the prosecution of that cause. The Supreme Court has often intimated that, in such cases as the present, the proper course is to first apply to the court of appeals. In the case of Bennett v. MeOaffery, 28 Mo.
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Application for a writ of prohibition. Even if it did appear from the alternative writ that this court conld not have appellate jurisdiction of the cause below, this is not a proceeding to prohibit the prosecution of that cause. The Supreme Court has often intimated that, in such cases as the present, the proper course is to first apply to the court of appeals. In the case of Bennett v. MeOaffery, 28 Mo. App. 220, this court took jurisdiction of the cause, which was an application to the circuit court to compel a justice of the peace to certify a cause up to that court because the title to…
1Opinion of the CourtRombatjer, J.
An alternative writ was issued in this case stating in substance that certain parties filed their petition against relator in the circuit court of St. Louis city, January 20, 1888, the object of the suit being the foreclosure of a mortgage, and the statement of an account; that the petition was assigned to room 1 of the court, in which the respondent presides as judge; that on the next succeeding Monday (January 22), the relator presented her petition to the judge, in due form, asking a change of venue to some other county, on the ground that the inhabitants of the city of St. Louis were…
2Cases cited2 opinions
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
- State ex rel. Stewart v. MatlockSupreme Court of Missouri · 1884
3Cited by6 opinions
- State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
- Wolff v. WardSupreme Court of Missouri · 1891
- State ex rel. Meador v. WilliamsMissouri Court of Appeals · 1906
- State ex rel. Clark v. KleneMissouri Court of Appeals · 1919
- Gazollo v. McCannMissouri Court of Appeals · 1895
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