Legal Opinion

State Ex Rel. Gardner v. Hall

Supreme Court of Missouri

Decided May 18, 1920PublishedCited by 25 opinions

Prohibition. (1) A circuit court has no superintending control over an inferior tribunal which is not within the territorial limits of its circuit. Sec. 23, Art. VI, Mo. Constitution. ‘ ‘ The expression of one thing is the exclusion of others.”

Read the full summary

Prohibition. (1) A circuit court has no superintending control over an inferior tribunal which is not within the territorial limits of its circuit. Sec. 23, Art. VI, Mo. Constitution. ‘ ‘ The expression of one thing is the exclusion of others.” Hendricks v. Sweaney, 270 Mo. 692; Kansas City v. Assn., 145 Mo. 53; Maguire v. Association, 62 Mo. 346; Sutherland on Statutory Construction, secs. 325, 326, 327. (2) Even though the superintending control of the circuit court over inferior tribunals were not territorially limited, by the constition, still it would not necessarily follow that because…

1Opinion of the CourtWalker, C. J.

This is an original action brought in this court to prohibit one of the judges of the Circuit Court of the City of St. Louis from further proceeding in a case pending in the circuit court of that city, entitled Frank Meyer et al. v. The Governor and Other Executive Officers Constituting the State Board of Equalization, the purpose being to quash the record of said board so far as the equalization of the values of real property in that city for the purpose of taxation. In furtherance of that proceeding the circuit court issued a writ of certiorari, which was transmitted to the Sheriff of Cole…

2Cases cited23 opinions

  1. State v. GuilbertOhio Supreme Court · 1897
  2. Degge v. HitchcockSupreme Court of the United States · 1913
  3. Clark v. City of ChicagoIllinois Supreme Court · 1908
  4. Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
  5. In Re Tampa Suburban Railroad CompanySupreme Court of the United States · 1897

18 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State Ex Rel. State Highway Commission v. BatesSupreme Court of Missouri · 1927
  2. May Department Stores Co. v. State Tax CommissionSupreme Court of Missouri · 1958
  3. Batty v. Arizona State Dental BoardArizona Supreme Court · 1941
  4. State Ex Rel. State Tax Commission v. WalshSupreme Court of Missouri · 1958
  5. State Ex Rel. Stewart v. Blair and SmithSupreme Court of Missouri · 1947

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API