State ex rel. Kansas & Texas Coal Railway v. Shelton
Supreme Court of Missouri
Certiorari. (1) At common law the writ of certiorari was used by the superior court for the purpose of reviewing the acts and proceedings of inferior tribunals, courts -and officers, whether they proceeded according to the course of the common law or not, and this process of review was used. First. Before judgment for the purpose of bringing the record into the superior court for trial.
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Certiorari. (1) At common law the writ of certiorari was used by the superior court for the purpose of reviewing the acts and proceedings of inferior tribunals, courts -and officers, whether they proceeded according to the course of the common law or not, and this process of review was used. First. Before judgment for the purpose of bringing the record into the superior court for trial. Goodright v. Dring, 2 Dowl. & Byl. 407; Cross v. Smith, 1 Salk. 148; Taylor v. Shapland, 3 1. & S. 328; Bex v. Cowle, 2 Burr. 860 (opinion by Lord Mansfield holding “power undoubted”); State ex rel. v. Dobson,…
1Opinion of the CourtBrace, J.
This is a proceeding by certiorari.
The relator is a railroad corporation, organized under article 2, chapter 42, Eevised Statutes 1889, for the purpose of building, operating and maintaing a standard gauge railroad from a point in, at, or near the town of Bevier, in Macon county, to a point in, at, or near, the town of Ardmore, in said county.
On the 17th of April, 1899, the relator filed in the circuit court of said county its petition under the provisions of article 6 of said chapter, to condemn a right of way for its railroad “along and across one acre of ground south of the bridge over…
2Cases cited31 opinions
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- State ex rel. Garth v. SwitzlerSupreme Court of Missouri · 1898
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Poe v. Machine WorksWest Virginia Supreme Court · 1884
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3Cited by16 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State ex rel. Iba v. MosmanSupreme Court of Missouri · 1910
- Baker v. NewtonSupreme Court of Oklahoma · 1908
- State Ex Rel. Barlow v. HoltcampSupreme Court of Missouri · 1929
11 more not listed; retrieve them via the Exa API.