(DOWNLOAD) "State Missouri v. Honorable James F." by St. Louis District Missouri Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Honorable James F.
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 19, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an original proceeding in prohibition. It presents two issues: Did the respondent Judge exceed his jurisdiction by permitting the plaintiff-employees to proceed with their suit to recover vacation pay when they based their claims on the relator-employer's alleged custom or usage in giving paid vacations to employees? And, did the respondent exceed his jurisdiction by requiring the relator-employer to answer interrogatories about the history and structure of relator's affiliated corporations? Nineteen plaintiffs, who were discharged employees of the relator, had sued the relator for $4,805.54 in vacation pay. The trial court denied the relator's motion to dismiss the petition for failure to state a claim. Our preliminary writ was then issued on the ground that the petition did not state a cause of action and could not be amended to do so, and that the circuit court was therefore exceeding its jurisdiction by proceeding with the cause. This is a proper ground for prohibition. State ex rel. Henderson v. Cook, 353 Mo. 272, 182 S.W.2d 292 (banc), 182 S.W.2d 292[3-5]; State ex rel. Johnson v. Sevier, 339 Mo. 483, 98 S.W.2d 677 (banc), 98 S.W.2d 677[8,9].