Legal Opinion

Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.

Missouri Court of Appeals

Decided February 5, 1918PublishedCited by 2 opinions

Appeal from tlie Circuit Court of the City of St. Louis. —Eon. Eugene McQuillin, Judge. (1) "When the Supreme Court on a proper transfer has jurisdiction of a cause, it will hear and determine the entire cause and not merely dispose of the point of'' difference in the Court of Appeals.

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Appeal from tlie Circuit Court of the City of St. Louis. —Eon. Eugene McQuillin, Judge. (1) "When the Supreme Court on a proper transfer has jurisdiction of a cause, it will hear and determine the entire cause and not merely dispose of the point of'' difference in the Court of Appeals. Sutton v. Cole, 155 Mo. 206; Fulkerson v. Murdock, 123 Mo. 292. (2) The charter lien of a tax hill issued July 1, 1905, for work done under an ordinance enacted in February, 1903, and which could under no possible theory have become a lien prior to said February, 1903, has no priority over the lien of deeds of…

1Opinion of the CourtAllen, J.

The appeal in this case was first submitted to this court at its October Term, 1912, and was here disposed of by the opinion of Honorable R. E. Rombauer,' special judge, which was adopted as the opinion of the court. Nortoni, J., however, dissented, in an opinion filed, and at his request the cause was certified to the Supreme Court (Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co., et al., 168 Mo. App. 468, et seq 151 S. W. 479). When the cause came on for hearing in the Supreme Court, in banc, at its April Term, 1917, that court, by its majority opinion, held that inasmuch…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
  2. Stafford v. FizerSupreme Court of Missouri · 1884
  3. Gitchell v. KreidlerSupreme Court of Missouri · 1884
  4. Allen v. McCabeSupreme Court of Missouri · 1887
  5. Jaicks v. SullivanSupreme Court of Missouri · 1895

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3Cited by2 opinions

  1. City of Springfield Ex Rel. Southern Missouri Trust Co. v. RansdellSupreme Court of Missouri · 1924
  2. State ex rel. Granite Bituminous Paving Co. v. ReynoldsSupreme Court of Missouri · 1919

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