Legal Opinion

State ex rel. Kansas City v. Field

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 7 opinions

Mandamus. (1) The supreme court has power to issue writs-, of mandamus, and to hear and determine the same, and its jurisdiction does not depend upon the fact that it would have appellate jurisdiction in the same matter. State ex rel. v. Tracy, 94 M6. 217. A judge of the supreme court has authority to issue an alternative-writ of mandamus in vacation. State ex rel v. Weelcs, 93 Mo. 499 ; Miller v. Yogel, 12 Mo.

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Mandamus. (1) The supreme court has power to issue writs-, of mandamus, and to hear and determine the same, and its jurisdiction does not depend upon the fact that it would have appellate jurisdiction in the same matter. State ex rel. v. Tracy, 94 M6. 217. A judge of the supreme court has authority to issue an alternative-writ of mandamus in vacation. State ex rel v. Weelcs, 93 Mo. 499 ; Miller v. Yogel, 12 Mo. App. 592. Man-, damus must issue from supreme court in this case. State ex rel. v. Rombauer, 101 Mo. 499. (2) Mandamus lies to compel a court or judge to appoint commissioners for the…

1Opinion of the CourtGantt, P. J.

This is a proceeding for peremptory writ of mandamus by Kansas City against respondent, who is one of the judges of the circuit court of Jackson county.

On the second day of April, 1891, the city passed an ordinance, number 2986, to grade Brooklyn avenue from Seventeenth to Eighteenth street.

By the terms of article 8 of the special or freeholders’ charter, adopted in 1889, provision was made for the ascertainment of damages and benefits, if any, that may arise from the proposed grading of a street or highway in said city, pursuant to section' 21, article 2, of the constitution of Missouri of…

2Cases cited7 opinions

  1. Ells v. Pacific RailroadSupreme Court of Missouri · 1873
  2. Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
  3. Shields v. MillerSupreme Court of Kansas · 1872
  4. Schell v. LelandSupreme Court of Missouri · 1870
  5. State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891

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

3Cited by7 opinions

  1. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  2. State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
  3. State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
  4. State ex rel. Springfield Traction Co. v. BroaddusSupreme Court of Missouri · 1907
  5. Longwell v. Kansas CityMissouri Court of Appeals · 1897

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

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