State ex rel. Brown v. Broaddus
Supreme Court of Missouri
Certiorari. (1) An affidavit complying, substantially, with Sec. 808, R. S. 1899, is a jurisdictional prerequisite to taking an appeal in any case. Sebested v. Kansas City (Mo. App.), 68 S. W. 1068; State ex rel. v. Broaddus (Mo. Sup.), 108 S. W. 504; Greenwood v. Parlin & Orendorff Co., 98 Mo. App. 407; Railroad v. Powell, 104 Mo.
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Certiorari. (1) An affidavit complying, substantially, with Sec. 808, R. S. 1899, is a jurisdictional prerequisite to taking an appeal in any case. Sebested v. Kansas City (Mo. App.), 68 S. W. 1068; State ex rel. v. Broaddus (Mo. Sup.), 108 S. W. 504; Greenwood v. Parlin & Orendorff Co., 98 Mo. App. 407; Railroad v. Powell, 104 Mo. App. 362. (2) Tbe record which is provided for by section 813 must show that the affidavit for appeal filed contained the statement “that the appeal prayed for was not made for vexation or delay, but because appellant was aggrieved by tbe judgment and decision of…
1Opinion of the CourtValliant, C. J.
In a suit in the cirenit conrt of Jasper county, wherein the relator herein was plaintiff and the Consolidated Light, Power and Ice Company, a corporation, was defendant, the plaintiff recovered a judgment for $4,000, and the cause was carried by the defendant’s appeal to the Kansas City Court of Appeals, where the judgment was reversed and the cause remanded. Relator then filed her petition in this court praying for a writ of certiorari to bring up the record in that cause, to the end that the proceedings in the Court of Appeals might be quashed. The writ issued as prayed and in obedience to…
2Cases cited11 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Adams v. CowlesSupreme Court of Missouri · 1888
- McClanahan v. WestSupreme Court of Missouri · 1889
- Stark v. ZehnderSupreme Court of Missouri · 1907
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
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3Cited by19 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
- Ray v. RaySupreme Court of Missouri · 1932
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