State ex rel. McNulty v. Ellison
Supreme Court of Missouri
Certiorari. (1) The Court of Appeals exceeded its jurisdiction ' in setting aside the general finding of all the facts in issue in favor of McNulty, which was made by the lower court. Said finding of the lower court was based on substantial evidence and no declarations of law were asked, given or refused.
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Certiorari. (1) The Court of Appeals exceeded its jurisdiction ' in setting aside the general finding of all the facts in issue in favor of McNulty, which was made by the lower court. Said finding of the lower court was based on substantial evidence and no declarations of law were asked, given or refused. In re Lankford’s Estate, 197 S. W. 147. (2) In said last previous ruling of this court this court holds that said finding of the lower court is incontrovertible on appeal.' In not following, said' rule the Court of Appeals exceeded its jurisdiction. In order to determine this jurisdictional…
1Opinion of the CourtBlair, J.
Certiorari. The writ brings before us the record in McNulty v. Kansas City, decided by the Kansas City Court of Appeals, 198 S. W. 185.
case! °f I. (a) Counsel contends that the statement of facts in the opinion of the Court of Appeals is out of accord with the record in that case, and urges that an examination of that record will establish this. In State ex rel. v. Ellison, 273 Mo. 218, this court adopted the doctrine that it would “not go beyond the opinion to ascertain the facts.” It thus appears that harmony of written opinions, not harmony of decisions, is the thing which this court bolds…
2Cases cited10 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Sprague v. RooneySupreme Court of Missouri · 1891
- State ex rel. Bixby v. City of St. LouisSupreme Court of Missouri · 1912
- State v. BixmanSupreme Court of Missouri · 1901
- Mullins v. Kansas CitySupreme Court of Missouri · 1916
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3Cited by6 opinions
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
- State Ex Rel. Northwestern National Insurance v. TrimbleSupreme Court of Missouri · 1929
- State Ex Rel. Pemberton v. ShainSupreme Court of Missouri · 1939
- State ex rel. Dunham v. EllisonSupreme Court of Missouri · 1919
1 more not listed; retrieve them via the Exa API.