Missouri, Kansas & Texas Railway Co. v. Smith
Supreme Court of Missouri
Prohibition. (1) The court of appeals transcended its constitutional power when it undertook to decide the case of Elliott v. Missouri, Kansas & Texas Railway Company in disregard of and contrary to the ruling of this court in the case of Brown v. Baldwin, 121 Mo. 126, which is the last ruling of the Supreme Court upon the questions of law and equity involved in the case before the court of appeals, which was therefore controlling authority in that court.
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Prohibition. (1) The court of appeals transcended its constitutional power when it undertook to decide the case of Elliott v. Missouri, Kansas & Texas Railway Company in disregard of and contrary to the ruling of this court in the case of Brown v. Baldwin, 121 Mo. 126, which is the last ruling of the Supreme Court upon the questions of law and equity involved in the case before the court of appeals, which was therefore controlling authority in that court. This reason should not be confused with the point involved in various cases where efforts have been made to have cases certified from the…
1Opinion of the CourtRobinson, J.
On the 4th day of February, 1899, the relator presented to this court its petition for a writ of *307prohibition, to be directed to Jackson L. Smith, James Ellison and Turner A. Gill, Judges of the Kansas City Court of Appeals, to prevent them from farther proceeding in the case of John S. Elliott v. Missouri, Kansas & Texas Railway Company, heretofore appealed from the Cooper County Circuit Court, and to further prohibit the respondent from in any manner or to any extent carrying out the judgment entered in said cause, with the prayer that the writ in this case may be so framed as to command the…
2Cases cited5 opinions
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Seaboard National Bank v. WoestenSupreme Court of Missouri · 1898
- Smith v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
3Cited by12 opinions
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Knight v. HaleySuperior Court of Delaware · 1934
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
- Beekman Lumber Co. v. Acme Harvester Co.Supreme Court of Missouri · 1908
- National Bank of Commerce v. Maryland Casualty Co.Supreme Court of Missouri · 1925
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