State ex rel. Hobart v. Smith
Supreme Court of Missouri
Certiorari. (1) In this case, of course, no appeal lies from the Kansas City Court of Appeals to this court, nor writ of error from this court to that court. Where this is the case, the proper grounds existing, certiorari lies. Ex parte Couch, 14 Ark. 337; 4 Ency. PL and Pr., 34; State v. Moniteau Co. Court, 45 Mo.
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Certiorari. (1) In this case, of course, no appeal lies from the Kansas City Court of Appeals to this court, nor writ of error from this court to that court. Where this is the case, the proper grounds existing, certiorari lies. Ex parte Couch, 14 Ark. 337; 4 Ency. PL and Pr., 34; State v. Moniteau Co. Court, 45 Mo. App. 387. And certiorari is the only remedy in an appellate court where no appeal lies in consequence of the amount involved being less than the minimum of appellate court’s jurisdiction. State v. Payssan, 47 La. Ann. 1029. It lies wherever injustice has been done and authority…
1Opinion of the CourtBurgess, J.
On June 23,1902, relator sued out before one of the members of this court a writ of certiorari directed to respondents, who are the judges of the Kansas City Court of Appeals, returnable on October 14, 1902. The petition for said writ alleged that the judgment of that court in affirmance of the court below, rendered June 2, 1902, was against numerous decisions rendered by the St. Louis Court of Appeals, and by the Supreme Court; that the construction put upon •section 2786, of article 6, chapter 42, Eevised Statutes 1889, relating to the effect of the consolidation of business corporations,…
2Cases cited39 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Craig v. . ParkisNew York Court of Appeals · 1869
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
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3Cited by14 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
- Emerson v. TreadwayMissouri Court of Appeals · 1954
9 more not listed; retrieve them via the Exa API.