Kansas City Ex Rel. Barlow v. Robinson

One of the essentials to the jurisdiction of the Supreme Court upon an appeal in any case is that the ground therefor must appear in the record and be preserved in such a manner as to show that it has not been abandoned. Thus asserted and preserved, the right to a review is established.

In the instant case the constitutionality of the ordinance in question was the sole basis of jurisdiction. While properly made and persisted in throughout the trial it is not mentioned directly or inferentially in the motion for a new trial. In its absence therefrom we are without jurisdiction and on this…