State ex rel. Horton v. Bland
Supreme Court of Missouri
Mandamus. As far as the judges of the St. Louis Court of Appeals are concerned, they abide by the conclusion reached by them, that it is impossible to decide this case without passing upon constitutional questions.
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Mandamus. As far as the judges of the St. Louis Court of Appeals are concerned, they abide by the conclusion reached by them, that it is impossible to decide this case without passing upon constitutional questions. The court of appeals must have discovered constitutional questions in the record of the case, and it is not to be presumed for a moment that they found them elsewhere when they say in their opinion, “We can not dispose of the appeal without deciding these constitutional questions and our jurisdiction is unaffected by them because the record does not show that the defendant raised…
1Opinion of the CourtMarshall, J.
— This is an original proceeding by mandamus to compel the St. Louis Court of Appeals to certify to this court for its decision, the case of Augusta Kreyling et al. v. Benjamin Horton et al., on the ground that a constitutional question is necessarily involved therein, and hence that court has no jurisdiction. The judges of the court of appeals make return to the alternative writ, heretofore issued, by simply transmitting the papers and files in said case to this court. The relators move for judgment on the return, and ask that the alternative writ be made peremptory. The plaintiffs in that,…
2Cases cited14 opinions
- Price v. BlankenshipSupreme Court of Missouri · 1898
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Coleman v. ColeSupreme Court of Missouri · 1900
- State ex rel. Smith v. SmithSupreme Court of Missouri · 1899
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
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3Cited by7 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
- Syz v. Milk Wagon Drivers' Union, Local 603Supreme Court of Missouri · 1929
- City of Excelsior Springs ex rel. McCormick v. EttensonSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.