State ex rel. Third National Bank v. Smith
Supreme Court of Missouri
Mandamus. (1) The fact that the term has passed during which one of the courts of appeals should have certified and transferred a case to the supreme court does not divest the power of the supreme court to afford relief by mandamus, and by that measure to order such a case certified and transferred to it for a final determination. State ex rel. v. Lewis, 71 Mo. 170; State v. Judges, 2 Penn.
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Mandamus. (1) The fact that the term has passed during which one of the courts of appeals should have certified and transferred a case to the supreme court does not divest the power of the supreme court to afford relief by mandamus, and by that measure to order such a case certified and transferred to it for a final determination. State ex rel. v. Lewis, 71 Mo. 170; State v. Judges, 2 Penn. (N. J.) 541 ; Moses on Mandamus, p. 28. (2) Whether one of the judges of either one of the courts of appeals has deemed a decision contrary to any previous decision of either one of said courts of appeals,…
1Opinion of the CourtBlack, J.
This case is now before us on a return made by the judges of the Kansas City court of appeals to an alternative writ of mandamics, and the question is whether a peremptory writ should be issued notwithstanding the return.
The facts are these: The relator, the Third National Bank of Sedalia, commenced a suit against Mortimer, Monroe and Edward Carton in the Pettis county circuit court. The property of the defendants was attached under the writ, 'and the defendants were duly served with summons. On the petition of the defendants, the venue of the cause was changed to the Johnson county circuit…
2Cited by14 opinions
- Lubrication Engineers, Inc. v. ParkinsonMissouri Court of Appeals · 1961
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- Carpenter v. McDavitt & CottinghamMissouri Court of Appeals · 1893
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