State ex rel. Bayha v. Philips
Supreme Court of Missouri
Mandamus. (1) This court has superintending control over the courts of appeals by 'mandamus, etc..; Amend. Const, sec. 8 ; Acts 1883, p. 216. (2) The Kansas City court of appeals exercised’ appellate jurisdiction solely in the case of Bayha v. Taylor, and the only duty of the court was “to examine the record and award a new trial, reverse or affirm the judgment or decision of the circuit court,. or give such judgment as such court ought to have given, as to them shall seem…
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Mandamus. (1) This court has superintending control over the courts of appeals by 'mandamus, etc..; Amend. Const, sec. 8 ; Acts 1883, p. 216. (2) The Kansas City court of appeals exercised’ appellate jurisdiction solely in the case of Bayha v. Taylor, and the only duty of the court was “to examine the record and award a new trial, reverse or affirm the judgment or decision of the circuit court,. or give such judgment as such court ought to have given, as to them shall seem agreeable to law.” R. S., sec. 3376. (3) The court, by entertaining the motion, took cognizance of matters outside the…
1Opinion of the CourtSherwood, J.
The relator, John Bayha, brought a suit in the circuit court of Jackson county against William Taylor and the Armour Brothers Banking Company, asking for judgment declaring null and void two tax-bills issued by the city engineer of the City of Kansas, against property owned by Bayha, to Taylor, in payment for the construction of a district sewer, and held by the banking company as collateral security. Bayha claimed in this suit that these tax-bills were invalid, because the city had no authority under its charter to cause the sewer to be built, but that they were, nevertheless, an apparent…
2Cases cited52 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- McIntire v. WoodSupreme Court of the United States · 1813
- Dakota County v. GliddenSupreme Court of the United States · 1885
- Railroad Co. v. WiswallSupreme Court of the United States · 1875
- Ex Parte NewmanSupreme Court of the United States · 1872
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3Cited by46 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- Moore v. TrottCalifornia Supreme Court · 1912
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