Legal Opinion · Dissent

State ex rel. Curtis v. Broaddus

Supreme Court of Missouri

Decided December 16, 1911Published

Certiorari. In the first trial of this case the circuit court sustained a demurrer to plaintiff’s evidence, bolding that the facts constituted no cause of action. The Supreme Court on appeal reversed this and directed the trial court to proceed to try the case in accordance with this opinion, which the lower court did.

Read the full summary

Certiorari. In the first trial of this case the circuit court sustained a demurrer to plaintiff’s evidence, bolding that the facts constituted no cause of action. The Supreme Court on appeal reversed this and directed the trial court to proceed to try the case in accordance with this opinion, which the lower court did. The court of appeals to which the case was sent on second appeal on substantially the same evidence .in all respects, by a different construction of the same evidence held that the lower court erred in submitting the case to the jury and reversed the case without remanding.…

1Dissent

DISSENTING OPINION.

WOODSON, J.

I am unable to concur with the opinion of the court in this case for the following reasons :

First. Because it is in conflict with the well known judicial system of this State, and in express terms overrules some of the earlier decisions construing the Constitution governing that question, and by necessary implication overrules scores of others placing the same construction upon the Constitution as those do, which are in terms overruled.

That provision of the Constitution governing this matter is section 6 of the Amendment of the Constitution in the year 1884,…

2Cases cited19 opinions

  1. Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
  2. State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
  3. State ex rel. Teasdale v. SmithSupreme Court of Missouri · 1890
  4. State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
  5. Zellars v. National Surety Co.Supreme Court of Missouri · 1908

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API