State ex rel. Central Coal & Coke Co. v. Ellison
Supreme Court of Missouri
Certiorari. (1) It is now well settled that the Supreme Court has the power as well as the duty to quash the decision of one of the appellate courts of the State, where its rulings are not in accord with, hut against the rulings of the Supreme Court.
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Certiorari. (1) It is now well settled that the Supreme Court has the power as well as the duty to quash the decision of one of the appellate courts of the State, where its rulings are not in accord with, hut against the rulings of the Supreme Court. State ex rel. v. Ellison, 266 Mo. 604; State ex rel. v. Reynolds, 265 Mo. 88. (2) If the Court of Appeals approves the admission or exclusion of evidence, contrary to prior rulings of the Supreme Court; and if the Court of Appeals approves an instruction, which instruction was not in accord with the last or prior instruction of the Supreme Court,…
1Opinion of the CourtGraves, C. J.
— Certiorari to the Kansas City Court of Appeals, directing that said court certify up its record in the case of Catherine Goode, Respondent, v. Central Coal & Coke Company, Appellant. The case has experienced a rather checkered career. The judgment now certified to us by the Court of Appeals is the third judgment entered therein by that court. When the case was first there (167 Mo. App. 169) a judgment for plaintiff was reversed for errors in instructions. So, too, when there the second time (179 Mo. App. 207) it was likewise reversed for errors in instructions. By the present (third)…
2Cases cited4 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Goode v. Central Coal & Coke Co.Missouri Court of Appeals · 1912
- Goode v. Central Coal & Coke Co.Missouri Court of Appeals · 1914
3Cited by49 opinions
- Swope v. PrintzSupreme Court of Missouri · 1971
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Higgins v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- State Ex Rel. Anderson v. HostetterSupreme Court of Missouri · 1940
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