State ex rel. Walbridge v. Valliant
Supreme Court of Missouri
Certiorari. (1) The writ of certiorari was properly issued in this case. It is a writ issuing from the supreme court to an inferior court, or officer exercising judicial powers, whose proceedings are summary, commanding the latter to return the records of a cause depending before it to the superior court. 3 Am. and Eng.
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Certiorari. (1) The writ of certiorari was properly issued in this case. It is a writ issuing from the supreme court to an inferior court, or officer exercising judicial powers, whose proceedings are summary, commanding the latter to return the records of a cause depending before it to the superior court. 3 Am. and Eng. Encyclopedia of Law, p. 60. It usually issues in cases only where the proceedings of the inferior court are summary and not according to the course of the common law. Tidd’s Pr., 379; Farmington River, etc., v. Gou/nty Commissioners, 112 Mass. 206; Lynch v. Crosby, 134 Mass.…
1Dissent
Sherwood, J. (dissenting).
— Unable to concur in the majority opinion, I will give a resume of the pertinent facts relating to the rise, progress and ultimate demise of this case, and then set forth some reasons which occur to me why the action of the majority in quashing the writ of certiorari should be held unwarranted on the facts and on the law.
At the outset it may be remarked that no return has been made to the writ herein. This case had its origin in charges preferred by Robert E. 'McMath, president of the board of public improvements, against George B. Reid, commissioner of public…
2Cases cited60 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
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