State ex rel. Gallagher v. Williams

• Decision Date: 07 March 1910
• Citation: 127 S.W. 59,227 Mo. 58
• Parties: STATE ex rel. GALLAGHER et al. v. WILLIAMS, Judge, et al.
• Court: Missouri Supreme Court

127 S.W. 59

227 Mo. 58

STATE ex rel. GALLAGHER et al. v. WILLIAMS, Judge, et al.

Supreme Court of Missouri.

March 7, 1910.

Rehearing Denied March 30, 1910.

In Banc. Petition for prohibition by the State, on the relation of Frank Gallagher and another, against Hon. George H. Williams, judge, and others. Preliminary writ is quashed, permanent writ denied, and petition dismissed.

This cause is the same in all respects with case No. 15,500, entitled State of Missouri ex rel. Julius E. Greffet and Rosalie Greffet, Relators, v. Hon. George H. Williams et al. (just decided) 127 S. W. 52, with the exception that the relators are different, and a different tract of land is sought to be condemned.

Keith Ryan and Jesse A. Wolfort, for relators. E. C. Crow, for respondents.

WOODSON, J.

The two cases were argued and submitted together. In that case, after a very careful consideration of the questions involved, we decided the case in behalf of respondents, quashed the preliminary writ of prohibition theretofore issued, denied the permanent writ, and dismissed the petition filed therein. The opinion in that case is controlling in this, and both will be handed down at the same time.

We therefore quash the preliminary writ of prohibition heretofore issued, deny the permanent writ, and dismiss the petition filed herein. All concur, except GANTT, J., who dissents.