State Ex Rel. Abington v. Reynolds
Supreme Court of Missouri
Certiorari. (1) It i.s well settled that a canse must be heard and determined in the appellate court upon, the same theory as that upon which it -was tried in the court below. St. Louis v. Wright Contracting Co., 210 Mo. 502; Walker v. Owen, 79 Mo. 563; Minton v. Steele, 125 Mo. 181; Dice v. Hamilton, 178 Mo. 81; Meyer Bros.
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Certiorari. (1) It i.s well settled that a canse must be heard and determined in the appellate court upon, the same theory as that upon which it -was tried in the court below. St. Louis v. Wright Contracting Co., 210 Mo. 502; Walker v. Owen, 79 Mo. 563; Minton v. Steele, 125 Mo. 181; Dice v. Hamilton, 178 Mo. 81; Meyer Bros. Drug Co. v. Bybee, 17:9 Mo. 354. (2) The judgment and opinion of the St. Louis Court of Appeals is in conflict with the following decisions of the Supreme Court of Missouri, to-wit: State ex inf. v. Harwell, 265 Mo. 26; Mayes v. Palmer, 206 Mo. 297; State ex rel. v.…
1Opinion of the CourtWalker, C. J.
Certiorari to the St. Louis Court of Appeals to quash its record in Abington, Appellant, y. Harwell, Respondent, designated hereinafter as the “original action.” The appellant, wjio was at the time Collector of the Revenue of Butler County, sued the respondent for money had and received, consisting of commissions on taxes collected by the latter to the former’s use. At the close of a jury trial the court sustained a general demurrer to appellant’s evidence and directed a verdict for the respondent. An appeal to the St. Louis Court of Appeals resulted in an affirmance of the- judgment of the…
2Cases cited9 opinions
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Stott v. City of ChicagoIllinois Supreme Court · 1903
- Hamlin v. KassaferOregon Supreme Court · 1887
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- Mayfield v. MooreIllinois Supreme Court · 1870
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3Cited by3 opinions
- State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
- Cooper v. HawkinsSupreme Court of Alabama · 1937
- Dalton v. Fabius River Drainage DistrictMissouri Court of Appeals · 1945