State ex rel. Mulholland v. Smith
Supreme Court of Missouri
Mandamus. By this action, original here, relator endeavor's to obtain a peremptory mandamus against the judges of the Kansas City Court of Appeals to compel the transfer of a cause to the Supreme Court. In response to an alternative writ the defendants filed a return, to which relator made reply. Relator then prayed a peremptory writ on the facts admitted. Thei’e is no controversy as to the facts.
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Mandamus. By this action, original here, relator endeavor's to obtain a peremptory mandamus against the judges of the Kansas City Court of Appeals to compel the transfer of a cause to the Supreme Court. In response to an alternative writ the defendants filed a return, to which relator made reply. Relator then prayed a peremptory writ on the facts admitted. Thei’e is no controversy as to the facts. The substance of the case is as follows: November 25, 1891, a complaint was filed before Judge Hunter, police judge of the city of Westport, in a cause entitled, 11 City of Westport v.J. W.…
1Opinion of the Court
Barclay, O. J.
— The present demand for. a peremptory writ of mandamus against the learned judges of the Kansas City Court of Appeals is founded on the facts given in the statement introducing the report of the case at bar.
The relator claims that the original cause of the City of Westport v. Mulholland falls within the cognizance of the Supreme Court because it involves ‘ ‘the construction of the Constitution of the United States,” and also of the Constitution of Missouri. Const. 1875, art; YI, sec. 12.
The defendants’ counsel insist that no question of the construction of any Constitution was…
2Cases cited6 opinions
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
- Stone v. CorbettSupreme Court of Missouri · 1855
- Bennett v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Bissell v. WardeSupreme Court of Missouri · 1895
- Turley v. BarnesSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Bradley v. S. L. Savidge, Inc.Washington Supreme Court · 1942
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Beeman v. Puget Sound Traction Light & Power Co.Washington Supreme Court · 1914
31 more not listed; retrieve them via the Exa API.