State ex rel. O'Malley v. Nixon
Supreme Court of Missouri
Certiorari. Tbe Springfield Court of Appeals bad no jurisdiction of tbe case of State ex rel. O’Malley v. Musick et al. State ex rel. v. Nixon, 232 Mo. 496. The writ of certiorari should be dismissed because relator did not raise the question of territorial jurisdiction in the Springfield Court of Appeals, and did not move to retransfer the Musiek case to St. Louis Court of Appeals.
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Certiorari. Tbe Springfield Court of Appeals bad no jurisdiction of tbe case of State ex rel. O’Malley v. Musick et al. State ex rel. v. Nixon, 232 Mo. 496. The writ of certiorari should be dismissed because relator did not raise the question of territorial jurisdiction in the Springfield Court of Appeals, and did not move to retransfer the Musiek case to St. Louis Court of Appeals. Sec. 2, Laws 1909, p. 394, gives a court of appeals jurisdiction to determine in the first instance what cases it has jurisdiction over. Where the inferior court is given the right to pass on the question it…
1Opinion of the CourtBbown, J.
This is an original action by certiorari in this court to quash the judgment and other proceedings of the respondents as judges of the Springfield Court of Appeals, in a certain suit which originated in the circuit court of St. Louis City, entitled, “State of Missouri at the relation and to the use of Margaret O’Malley, plaintiff, against John U. Musiek, Edward Christ Ette and David M. Musiek, defendants.”
In this last named suit the plaintiff recovered judgment against the defendants in the circuit court of St. Louis City on May 9,1907, for the sum of $5000', from which the defendants under…
2Cases cited1 opinion
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
3Cited by25 opinions
- Christensen v. New York Life InsuranceMissouri Court of Appeals · 1911
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1911
- State ex rel. O'Malley v. MusickMissouri Court of Appeals · 1912
- Trout v. Laclede Gas Light Co.Missouri Court of Appeals · 1911
- Darks v. Scudders-Gale Grocer Co.Missouri Court of Appeals · 1913
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