State ex rel. Third National Bank v. Smith
Supreme Court of Missouri
Mandamus. (1) The fact that the term has passed during which one of the courts of appeals should have certified and transferred a case to the supreme court does not divest the power of the supreme court to afford relief by mandamus, and by that measure to order such a case certified and transferred to it for a final determination. State ex rel. v. Lewis, 71 Mo. 170; State v. Judges, 2 Penn.
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Mandamus. (1) The fact that the term has passed during which one of the courts of appeals should have certified and transferred a case to the supreme court does not divest the power of the supreme court to afford relief by mandamus, and by that measure to order such a case certified and transferred to it for a final determination. State ex rel. v. Lewis, 71 Mo. 170; State v. Judges, 2 Penn. (N. J.) 541 ; Moses on Mandamus, p. 28. (2) Whether one of the judges of either one of the courts of appeals has deemed a decision contrary to any previous decision of either one of said courts of appeals,…
1DissentGantt, J.
(dissenting). — I cannot agree to the opinion of the majority of the court. By the amendment to the constitution of Missouri, adopted at the general election held in November, 1884, provision was made for two courts of appeals, to be known as the St. Louis court of appeals and the Kansas City court of appeals.
The St. Louis court of appeals had been created by the constitution of 1875 ; and this amendment extended its jurisdiction over a large number of the counties of the state and by the amendment the Kansas City court of appeals was given certain appellate jurisdiction in all the counties…
2Cases cited12 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Partridge v. LewisSupreme Court of Missouri · 1879
- Bergesch v. KeevilSupreme Court of Missouri · 1853
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