State v. Board of Trustees of Y. W. C. A.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtRevelle
Citation268 Mo. 163,186 S.W. 680
Decision Date15 May 1916
PartiesSTATE ex rel. KNISELY v. BOARD OF TRUSTEES OF Y. W. C. A. et al.
186 S.W. 680
268 Mo. 163
STATE ex rel. KNISELY
v.
BOARD OF TRUSTEES OF Y. W. C. A. et al.
Supreme Court of Missouri. In Banc.
May 15, 1916.

Application to make permanent a preliminary writ of prohibition by the State, on the relation of Elizabeth C. Knisely, administratrix, against the Board of Trustees of the Young Women's Christian Association and others. Relief granted as prayed for.

E. P. Johnson, Edward C. Crow, and Morton Jourdan, all of St. Louis, for relator.

REVELLE, J.


Those who are interested in a more complete history than here given of the case out of which this proceeding arose are referred to State ex rel. Knisely v. Holtcamp, 181 S. W. 1007, Knisely v. Leathe, 178 S. W. 453, and Knisely v. Leathe, 256 Mo. 341, 166 S. W. 257. For our instant purpose, it suffices to say that, after prolonged litigation, this court, on June 1, 1915, directed the circuit court of the city of St. Louis to render judgment for relator herein in the aggregate amount of $192,263.75, and that, in pursuance thereof, the circuit court, on July 2, 1915, duly entered such judgment. At relator's instance, and in compliance with this court's direction, this judgment was, on July 14, 1915, certified to the probate court for classification, but that court refused to classify the judgment, upon the ground that, prior thereto, it had approved an alleged final settlement of the estate, and finally discharged the executrix, and was therefore without jurisdictional authority to act in the matter. Immediately thereafter, to wit, on July 30, 1915, this court issued its alternative writ of mandamus, and same was duly served upon the respondent therein, to wit, the probate judge. Some time thereafter, namely, on October 18, 1915, and while the mandamus cause was pending in this court, two of respondents herein, to wit, the board of trustees of the Young Women's Christian Association and the Scottish Rite Cathedral Association, filed in the court of their corespondent, Hon. Kent Koerner, judge of division No. 6 of the circuit court of the city of St. Louis, a motion to vacate and set aside the judgment which it, in compliance with this court's directions, had theretofore rendered in favor of relator. This motion to vacate was predicated upon the theory, and alleges as its grounds, that the judgment directed by this court was invalid, because the estate had theretofore been finally settled, and the executrix fully discharged. These identical propositions were relied upon...

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10 practice notes
  • State ex rel. Thompson v. Terte, No. 40241.
    • United States
    • United States State Supreme Court of Missouri
    • December 8, 1947
    ...54 Mo. App. 188; Ess v. Griffith, 128 Mo. 150, 30 S.W. 343; Levine v. Marchisic, 270 S.W. 643; State ex rel. Knisley v. Board of Trustees, 186 S.W. 680; Padgett v. Smith, 205 Mo. 122, 103 S.W. 942. (5) Under Section 847.17 of the Civil Code, R.S. Ann., 1939, Laws of Missouri, 1943, page 361......
  • Weaver v. Schaaf, No. 58671
    • United States
    • United States State Supreme Court of Missouri
    • March 10, 1975
    ...is to prevent the exercise of jurisdiction over a cause not given by law to its consideration. State ex rel. Knisely v. Board of Trustees, 268 Mo. 163, 186 S.W. 680 (banc 1916). In the civil area, we have held that prohibition will lie to prevent a court from hearing matters which are res j......
  • Auldridge v. Spraggin, No. 37853.
    • United States
    • United States State Supreme Court of Missouri
    • June 3, 1942
    ...in that suit. 34 C.J., p. 1014; Williams v. City of Hayti, 184 S.W. 470; State ex rel. Krusely v. Board of Trustees of Y.W.C.A., 186 S.W. 680, 268 Mo. 163. (6) While a suit in ejectment may not be a bar to a later suit to quiet title between the same parties or their privies, yet if the iss......
  • State v. Latshaw, No. 23319.
    • United States
    • United States State Supreme Court of Missouri
    • February 9, 1922
    ...Judah v. Fort, 210 Mo. loc. cit. 525, 109 S. W. 737; State ex rel. Knisely v. Board of Trustees of Y. W. C. A., 268 Mo. loc. cit. 168, 186 S. W. 680; State ex rel. McCurdy v. Slover, 126 Mo. loc. cit. 655, 29 S. W. 718; State ex rel. United Rys. Co. v. Wiethaupt, 238 Mo. 155, 142 S. W. 323.......
  • Request a trial to view additional results
10 cases
  • State ex rel. Thompson v. Terte, No. 40241.
    • United States
    • United States State Supreme Court of Missouri
    • December 8, 1947
    ...54 Mo. App. 188; Ess v. Griffith, 128 Mo. 150, 30 S.W. 343; Levine v. Marchisic, 270 S.W. 643; State ex rel. Knisley v. Board of Trustees, 186 S.W. 680; Padgett v. Smith, 205 Mo. 122, 103 S.W. 942. (5) Under Section 847.17 of the Civil Code, R.S. Ann., 1939, Laws of Missouri, 1943, page 361......
  • Weaver v. Schaaf, No. 58671
    • United States
    • United States State Supreme Court of Missouri
    • March 10, 1975
    ...is to prevent the exercise of jurisdiction over a cause not given by law to its consideration. State ex rel. Knisely v. Board of Trustees, 268 Mo. 163, 186 S.W. 680 (banc 1916). In the civil area, we have held that prohibition will lie to prevent a court from hearing matters which are res j......
  • Auldridge v. Spraggin, No. 37853.
    • United States
    • United States State Supreme Court of Missouri
    • June 3, 1942
    ...in that suit. 34 C.J., p. 1014; Williams v. City of Hayti, 184 S.W. 470; State ex rel. Krusely v. Board of Trustees of Y.W.C.A., 186 S.W. 680, 268 Mo. 163. (6) While a suit in ejectment may not be a bar to a later suit to quiet title between the same parties or their privies, yet if the iss......
  • State v. Latshaw, No. 23319.
    • United States
    • United States State Supreme Court of Missouri
    • February 9, 1922
    ...Judah v. Fort, 210 Mo. loc. cit. 525, 109 S. W. 737; State ex rel. Knisely v. Board of Trustees of Y. W. C. A., 268 Mo. loc. cit. 168, 186 S. W. 680; State ex rel. McCurdy v. Slover, 126 Mo. loc. cit. 655, 29 S. W. 718; State ex rel. United Rys. Co. v. Wiethaupt, 238 Mo. 155, 142 S. W. 323.......
  • Request a trial to view additional results

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