State ex rel. Curtice v. Smith
Supreme Court of Missouri
Mandamus. (1) The Constitution of Missouri confers upon this court exclusive jurisdiction on appeal from circuit courts “in cases involving the construction of the Constitution of the United' States or of this State.” It is by virtue of this language that we assert the Supreme Court and not the Kansas City Court of Appeals has jurisdiction of the case of Curtice v. Schmidt on appeal from the circuit court.
Read the full summary
Mandamus. (1) The Constitution of Missouri confers upon this court exclusive jurisdiction on appeal from circuit courts “in cases involving the construction of the Constitution of the United' States or of this State.” It is by virtue of this language that we assert the Supreme Court and not the Kansas City Court of Appeals has jurisdiction of the case of Curtice v. Schmidt on appeal from the circuit court. (2) The construction of the Constitution is involved because: The charter of Kansas City provides, ‘‘ in any suit on any taxbill issued pursuant to this section (that is, in a suit on an…
1Opinion of the CourtMarshall, J.
This is an original proceeding by mandamus, seeking to compel the respondents, as judges of the Kansas City Court of Appeals, to transfer to this court the case of J. M. Curtice v. Frank F. Schmidt and Mollie Schmidt, now pending in said Court of Appeals. The return to the alternative writ asserts the jurisdiction of the Kansas City Court of Appeals over said cause and contests the jurisdiction of this court.
The record discloses the true status of the controversy to be this:
J. M. Curtice sued Frank F. and Mollie Schmidt in the circuit court of Jackson county, upon a certain taxbill, issued…
2Cases cited21 opinions
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
- Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
- New Orleans Waterworks Co. v. LouisianaSupreme Court of the United States · 1902
- State v. GreenSupreme Court of Missouri · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
- Curtice v. SchmidtSupreme Court of Missouri · 1907
17 more not listed; retrieve them via the Exa API.