Legal Opinion

State ex rel. Campbell v. St. Louis Court of Appeals

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 26 opinions

Prohibition. The appeal in the case should have been taken from the Madison circuit court to the supreme court, and not to the court of appeals, or having been erroneously taken there, it should (under the provisions of the act of 1885, p. 121) have been transferred to the supreme court, for four reasons: (a) The amount in controversy exceeds twenty-five hundred dollars.

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Prohibition. The appeal in the case should have been taken from the Madison circuit court to the supreme court, and not to the court of appeals, or having been erroneously taken there, it should (under the provisions of the act of 1885, p. 121) have been transferred to the supreme court, for four reasons: (a) The amount in controversy exceeds twenty-five hundred dollars. (b) Th e case is one involving the construction of-the constitution of this state, (c) The case is one involving the construction of the constitution of the United States. (d) The case is one where authority exercised under…

1Opinion of the CourtBlack, J.

The prayer of the petition is, that the St. Louis court of appeals be prohibited from- taking further cognizance of the case of Richard Carroll vs. Campbell and Houck, who are the relators in this proceeding, and that that court be commanded to transfer the cause to this court, on the ground that we alone have jurisdiction.

From the pleadings, it appears the city of Cape Grirardeau passed an ordinance giving to Carroll the sole and exclusive right to operate a steam ferry-boat from that city to the Illinois shore, and of receiving and landing passengers and property within the corporate limits…

2Cases cited1 opinion

  1. City of St. Louis v. Waterloo-Carondelet Turnpike & Ferry Co.Missouri Court of Appeals · 1883

3Cited by26 opinions

  1. Carroll v. CampbellSupreme Court of Missouri · 1891
  2. Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
  3. State ex rel. Rogers v. RombauerSupreme Court of Missouri · 1891
  4. Klingelhoefer v. SmithMissouri Court of Appeals · 1903
  5. Applegate v. Travelers InsuranceMissouri Court of Appeals · 1910

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