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(DOWNLOAD) "State Missouri v. Honorable James F." by St. Louis District Missouri Court of Appeals " eBook PDF Kindle ePub Free

State Missouri v. Honorable James F.

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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].


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