State ex rel. Chicago, Rock Island & Pacific Railway Co. v. Smith
Supreme Court of Missouri
Mandamus. (1) The Supreme Court has superintending control over all inferior courts in the state. Constitution, sec. 3, art. 6. And this jurisdiction includes such control by mandamus over the Courts of Appeals by express provision. Sec. 8, Amd. 1884, p. 94, R. S. 1899; State ex rel. v. Philips, 97 Mo. 331; State ex rel. v. Rombauer, 101 Mo. 504. (2) Mandamus is the proper remedy where an inferior court improperly dismisses an appeal and refuses to hear the cause.
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Mandamus. (1) The Supreme Court has superintending control over all inferior courts in the state. Constitution, sec. 3, art. 6. And this jurisdiction includes such control by mandamus over the Courts of Appeals by express provision. Sec. 8, Amd. 1884, p. 94, R. S. 1899; State ex rel. v. Philips, 97 Mo. 331; State ex rel. v. Rombauer, 101 Mo. 504. (2) Mandamus is the proper remedy where an inferior court improperly dismisses an appeal and refuses to hear the cause. State ex rel. v. Philips, 97 Mo. 331; Ex Parte Parker, 120 U. S. 737; Harrington v. Holler, 111 U. S. 796; State ex rel. v. Young,…
1Opinion of the CourtBrace, J.
This is a proceeding by mandamus to compel the judges of the Kansas City Court of Appeals to set aside its order dismissing the appeal in a case pending in said court, and to require them to reinstate the cause on its docket, and to proceed to hear and determine the same.
There is no dispute about the facts. At the December term, 1900, of the circuit court of Gentry county, James W. Albin, by guardian, obtained judgment against the relator for the sum of one thousand dollars, from which judgment an appeal was taken by the relator to the Kansas City Court of Appeals, in which, in due time,…
2Cases cited12 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Ricketts v. HartSupreme Court of Missouri · 1899
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- State v. Miles Laboratories, Inc.Supreme Court of Missouri · 1955
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
14 more not listed; retrieve them via the Exa API.