State ex rel. Iba v. Ellison
Supreme Court of Missouri
Certiorari. (1) The Supreme Court has superintending control over the Kansas City Court of Appeals where it has acted beyond or in excess of its power and jurisdiction. State ex rel. v. Broaddus, 245 Mo. 123. (2) An appellate court in this State is limited to the errors assigned in the motion for a new trial filed within the time allowed by law, and an attempt of an appellate court to investigate a question suggested otherwise is beyond its power and jurisdiction.
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Certiorari. (1) The Supreme Court has superintending control over the Kansas City Court of Appeals where it has acted beyond or in excess of its power and jurisdiction. State ex rel. v. Broaddus, 245 Mo. 123. (2) An appellate court in this State is limited to the errors assigned in the motion for a new trial filed within the time allowed by law, and an attempt of an appellate court to investigate a question suggested otherwise is beyond its power and jurisdiction. R. S. 1909, sec. 2081; King v. Gilson, 206 Mo. 280; Rodan v. Transit Co., 207 Mo. 406; Winn v. Grier, 217 Mo. 461; St. Louis v.…
1Opinion of the CourtFaris, J.
— This is an original proceeding by certiorari brought in this court against the respondents, as judges of the Kansas City Court’ of Appeals, to quash a judgment rendered by them in that court in a *649case wherein Mary Iba was respondent, and the Chicago, Burlington &' Quincy Railroad Company and another, were appellants.
Respondents, as judges of said Court of Appeals, on the 5th day of May, 1913, rendered an opinion in the case of Iba v. Chicago, Burlington & Quincy Railroad Company et al. (hereinafter the case will be referred to as the “Iba case,” and the'parties therein as the “plaintiff”…
2Cases cited13 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Ewart v. PenistonSupreme Court of Missouri · 1911
- State v. DusenberrySupreme Court of Missouri · 1892
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- Sofian Ex Rel. Sofian v. DouglasSupreme Court of Missouri · 1929
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Taylor v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
- Morgan v. WartenbeeMissouri Court of Appeals · 1978
14 more not listed; retrieve them via the Exa API.