Effective - 28 Aug 1939
530.040. Petition — preliminary writ — proceedings. — 1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse party as the court or a judge thereof in vacation, may order.
2. And if upon such hearing the petition be held sufficient in law, and be supported by some persuasive evidence of its truth, the court, or judge in vacation, may, upon such terms as may be just, make a preliminary rule or order upon the defendant to show cause to the court upon a specified day why a final judgment in prohibition should not be entered, and commanding the defendant, if deemed necessary, to meanwhile refrain from all action in the premises until further order.
3. And such rule or order shall be served upon the defendant before the return day, in the mode provided for the service of process in other civil actions, unless otherwise prescribed by the court or judge, and a failure to obey such rule or order shall subject the defendant to the penalties of contempt.
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(RSMo 1939 § 1776)
Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 530.010 - Writ issued for what purposes.
Section 530.020 - What courts and judges may grant writ.
Section 530.030 - Form of action — parties.
Section 530.040 - Petition — preliminary writ — proceedings.
Section 530.060 - Cause to be heard, when — issues of fact, how triable.
Section 530.070 - Judgment, for what rendered — how enforced.