Jacobs v. City of St. Joseph
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. Remanded to Kansas City Court of Appeals. In order that the Court of Appeals be divested of jurisdiction on. the ground that a construction of the Constitution is involved, it must plainly appear upon the face of the record in the appellate court that the question of a particular construction thereof was raised, passed upon and the ruling thereon excepted to in some appropriate manner, by the losing party, in the trial court.
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Transferred from Kansas City Court of Appeals. Remanded to Kansas City Court of Appeals. In order that the Court of Appeals be divested of jurisdiction on. the ground that a construction of the Constitution is involved, it must plainly appear upon the face of the record in the appellate court that the question of a particular construction thereof was raised, passed upon and the ruling thereon excepted to in some appropriate manner, by the losing party, in the trial court. Vansandt v. Hobbs, 153 Mo. 655; Town of Kirkwood v. Johnson, 148 Mo. 632; Browning v. Powers, 142 Mo. 32. No such question…
1Opinion of the CourtLamm, J.
This case was certified here by the Kansas City Court of Appeals because a constitutional question is said to be involved and, therefore, that court had no jurisdiction.
It seems that defendant (a city of the second class) appealed from the judgment of the circuit court of Buchanan county, of date of February 4, 1904, in favor of plaintiff in the sum of three hundred and fifty dollars, for personal injuries received on an alleged defective sidewalk.
Among other contentions made, appellant seeks to reverse the judgment because respondent failed to comply with sections 5723 and 5724, Revised…
2Cases cited15 opinions
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Coleman v. ColeSupreme Court of Missouri · 1900
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
- Kirkwood v. Meramec Highlands Co.Supreme Court of Missouri · 1901
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1903
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3Cited by1 opinion
- Koy v. SchneiderTexas Supreme Court · 1920