State ex rel. O'Malley v. Reynolds

Relator was the defendant in the circuit court of the city of St. Louis in a mechanic’s lien suit in which judgment went for him. The plaintiff in that court, The Banner Lumber Company, appealed to the St. Louis Court of Appeals, which reversed the judgment and remanded the cause for new trial; whereupon relator sued out this writ of certiorari, bringing here the record of the Court of Appeals.

In his brief, relator confines the questions be raises to those he asserts arise out of the facts stated in the opinion of the Court of Appeals. Not being asked to go beyond the opinion of that court…