City of Macon v. Atkinson
Supreme Court of Missouri
Appeal from Cole Circuit Court.- — Hon. J. G. Slate, Judge. The Public Service Commission Act provides that causes of action taken by writ of certiorari to the circuit court from the Pubh a Service Commission shall be tried as suits in equity. It is further provided that such causes shall be appealed as in other cases. There is nothing for this court to review in this case, as the appellant did not file a motion for a new trial or a motion in arrest of judgment.
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Appeal from Cole Circuit Court.- — Hon. J. G. Slate, Judge. The Public Service Commission Act provides that causes of action taken by writ of certiorari to the circuit court from the Pubh a Service Commission shall be tried as suits in equity. It is further provided that such causes shall be appealed as in other cases. There is nothing for this court to review in this case, as the appellant did not file a motion for a new trial or a motion in arrest of judgment. The Public Service Commission Act does not dispense -with the necessity of such motions required in all other civil cases. There was…
1Opinion of the CourtFaris, P. J.
Appeal from the judgment of the circuit court of Cole county affirming the action of the Public Service Commission of the State of Missouri in a proceeding by appellant to compel defendant railroad company to repair certain overhead crossings of the streets of plaintiff city over the railroad track of defendant railroad.
Since, in the view we are compelled to take of the case, it does not turn here upon the facts, a brief statement of such facts will suffice. Concisely they run thus: At a former time, to-wit, in the year 1901, defendant railroad company was desirous of lowering the grade of…
2Cases cited7 opinions
- Hall v. HarrisSupreme Court of Missouri · 1898
- Berry v. RoodSupreme Court of Missouri · 1908
- City of St. Louis v. LawtonSupreme Court of Missouri · 1905
- Keaton v. KeatonMissouri Court of Appeals · 1898
- Thompson v. ChildSupreme Court of Missouri · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.Supreme Court of Oklahoma · 1945
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Barlow v. Shawnee Investment Co.Missouri Court of Appeals · 1932
- State Ex Rel. Capital City Water Co. v. Public Service CommissionSupreme Court of Missouri · 1923
- State Ex Rel. Midwest Pipe & Supply Co. v. HaidSupreme Court of Missouri · 1932
1 more not listed; retrieve them via the Exa API.