Legal Opinion

State ex rel. Waddill v. Smith

Supreme Court of Missouri

Decided November 26, 1895PublishedCited by 2 opinions

Mandamus. (1) This court has superintending control over the Kansas City court of appeals and may exercise the same in cases like that under consideration by mandamus. State ex rel. v. Philips, 96 Mo. 570; State ex rel v. Philips, 97 Mo. 331. (2) The coui’t of appeals has jurisdiction only of such causes as do not come within the appellate jurisdiction of this court.

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Mandamus. (1) This court has superintending control over the Kansas City court of appeals and may exercise the same in cases like that under consideration by mandamus. State ex rel. v. Philips, 96 Mo. 570; State ex rel v. Philips, 97 Mo. 331. (2) The coui’t of appeals has jurisdiction only of such causes as do not come within the appellate jurisdiction of this court. It follows, therefore, that if, in the case of Hannum against the National Temperance Relief Union, the superintendent of insurance was a party so that his rights as such superintendent were before the court for adjudication,…

1Opinion of the CourtBrace,P. J.

This is a proceeding by mandamus. The relator is the superintendent of the insurance department of the state of Missouri. The respondents are the judges of the Kansas City court of appeals. The question arises upon a demurrer to the respondents’ return to the alternative writ. The facts disclosed by the pleadings are, that:

On the twenty-eighth of September, 1893, judgment was rendered in the circuit court of Linn county in the case of Lillian N. Hannum, plaintiff, against the National Temperance Belief Union, defendant, in favor of said plaintiff for the sum of $1,070.08. On the first day of…

2Cited by2 opinions

  1. Dahnke-Walker Milling Co. v. BlakeSupreme Court of Missouri · 1912
  2. Rourke v. Holmes Street Railway Co.Supreme Court of Missouri · 1914

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