State Ex Rel. Corella v. Pence
Supreme Court of Missouri
Prohibition. (1) The action of the criminal court in refusing to transfer the cases herein, constituted a collateral attack on the judgment of the juvenile court, since said court had in an original proceeding’ adjudg*ed relator’s age at a time when the issues were the same as well as the parties thereto-; the finding of said juvenile court is res judicata. Secs. .1137 to 1152, R. S. 1919; Outram v. Morewood, 3 Fast. 366; Southern Pac. Rd.
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Prohibition. (1) The action of the criminal court in refusing to transfer the cases herein, constituted a collateral attack on the judgment of the juvenile court, since said court had in an original proceeding’ adjudg*ed relator’s age at a time when the issues were the same as well as the parties thereto-; the finding of said juvenile court is res judicata. Secs. .1137 to 1152, R. S. 1919; Outram v. Morewood, 3 Fast. 366; Southern Pac. Rd. Co. v. United States, 168 U. S. 1; Black on Judgments, sec. 505; Coifey v. United States, 116 U. S. 436; State v. Intoxicating Liquors, 72 Yt. 253, 82 Am.…
1Opinion of the CourtJames T. Blair, J.
Relator, by next friend, instituted this proceeding to prohibit the further prosecution of criminal charges which are pending against him in Division A of the Circuit Court of Jackson County. In the beginning the then judge of Division A and the prosecuting attorney were made respondents. After the preliminary rule issued and the returns came in, leave to amend the application was applied for and granted (December 12, 1923), and all the circuit judges of Jackson County were brought in, to the end that the system of rotation of judges in Division A might not rotate relator’s chosen adversary…
2Cases cited2 opinions
- Ex parte LovingSupreme Court of Missouri · 1903
- State Ex Rel. Matacia v. BucknerSupreme Court of Missouri · 1923
3Cited by5 opinions
- State v. CarollaSupreme Court of Missouri · 1926
- Torres Rosario v. SaldañaSupreme Court of Puerto Rico · 1941
- Ex Parte RushSupreme Court of Missouri · 1924
- State v. WittMissouri Court of Appeals · 1934
- Torres Rosario v. SaldañaSupreme Court of Puerto Rico · 1941