Legal Opinion

State ex rel. Tuller v. Seehorn

Supreme Court of Missouri

Decided December 10, 1912PublishedCited by 7 opinions

Prohibition. (1) The charter of Kansas City does not provide for an appeal in a supplemental proceeding begun in the municipal court of Kansas City from that court to the circuit court, and the respondent has no jurisdiction over the supplemental proceeding over which he has assumed jurisdiction. Sec. 23, Art. 6, Charter; Sec. 6, Art. 6, Charter; 1 Bouvier’s Law Dictionary, 149; Wiscaret v. D’Auchy, 3 Dallas (TJ.

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Prohibition. (1) The charter of Kansas City does not provide for an appeal in a supplemental proceeding begun in the municipal court of Kansas City from that court to the circuit court, and the respondent has no jurisdiction over the supplemental proceeding over which he has assumed jurisdiction. Sec. 23, Art. 6, Charter; Sec. 6, Art. 6, Charter; 1 Bouvier’s Law Dictionary, 149; Wiscaret v. D’Auchy, 3 Dallas (TJ. S.), 327; Al-dridge v. Spears, 101 Mo. 406; Owens v. Matthews, 226 Mo. 78; Drainage District v. Eailroad, 216’ Mo. 700; Wilson v. Township, 23 Mo. 416; State ex rel. v. Bland, 189…

1Opinion of the CourtKennish, J.

Relators filed their petition in this court praying the issuance of a writ of prohibition against the respondent as judge of Division No. 3 of the circuit court of Jackson county; The cause sought to be prohibited is a condemnation proceeding now pending in said Division No. 3, in which the property of relators is proposed to be taken for public use in widening Sixth street, between Broadway and Bluff streets, in Kansas City. A preliminary writ was issued upon the filing of the petition, and in due time respondent filed his return. Relators filed a demurrer to the return, and upon the issues…

2Cases cited14 opinions

  1. State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
  2. Goodrich v. DetroitSupreme Court of the United States · 1902
  3. State ex rel. Anheuser-Busch Brewing Ass'n v. EbySupreme Court of Missouri · 1902
  4. City of St. Louis v. RankenSupreme Court of Missouri · 1888
  5. Kansas City v. SmartSupreme Court of Missouri · 1895

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3Cited by7 opinions

  1. State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
  2. City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
  3. City of St. Louis v. Bell Place Realty Co.Supreme Court of Missouri · 1914
  4. Davis v. Kansas City Public Service Co.Missouri Court of Appeals · 1949
  5. In re the Condemnation of Land for Opening & Establishing A Public ParkwayMissouri Court of Appeals · 1915

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