530.040. Petition--preliminary writ--proceedings.
Petition--preliminary writ--proceedings.
530.040. 1. Applications for the remedy of prohibitionshall not be joined with any other or different cause of action,and shall be made by petition, in which the substantive factsrelied upon shall be stated and such petition shall be heard inthe first instance, on presentation, summarily, or upon suchnotice to the adverse party as the court or a judge thereof invacation, may order.
2. And if upon such hearing the petition be held sufficientin law, and be supported by some persuasive evidence of itstruth, the court, or judge in vacation, may, upon such terms asmay be just, make a preliminary rule or order upon the defendantto show cause to the court upon a specified day why a finaljudgment in prohibition should not be entered, and commanding thedefendant, if deemed necessary, to meanwhile refrain from allaction in the premises until further order.
3. And such rule or order shall be served upon the defendantbefore the return day, in the mode provided for the service ofprocess in other civil actions, unless otherwise prescribed bythe court or judge, and a failure to obey such rule or ordershall subject the defendant to the penalties of contempt.
(RSMo 1939 § 1776)Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625