State ex rel. Kansas City Loan Guarantee Co. v. Smith
Supreme Court of Missouri
Mandamus. Relator’s constitutional rights are infringed and abridged by this ordinance, and are necessarily involved in the decision and judgment of its cause. There was no reason for it to complain of any denial in the circuit court, since that tribunal accorded to it the full protection of the Constitution. Its constitutional guarantees were denied for the first time by the Court of Appeals, and it is now entitled to have its cause transferred to the Supreme Court.
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Mandamus. Relator’s constitutional rights are infringed and abridged by this ordinance, and are necessarily involved in the decision and judgment of its cause. There was no reason for it to complain of any denial in the circuit court, since that tribunal accorded to it the full protection of the Constitution. Its constitutional guarantees were denied for the first time by the Court of Appeals, and it is now entitled to have its cause transferred to the Supreme Court. State ex rel. v. Smith, 141 Mo. 1; State ex rel. v. Smith, 152 Mo. 444; Plack v. Railroad, 140 Mo. 634; Collins v. Ins. Co., 84…
1Opinion of the CourtBrace, J.
This is an original proceeding by mandamus to compel the respondents, the judges of the Kansas City Court of Appeals, to transfer to this court the case of the State of Missouri ex rel. Kansas City Loan Guarantee Company v. D. Y. Kent auditor of Kansas City, appellant, on the ground that jurisdiction to hear and determine the appeal is in this, and not in that court. The return of the respondents to the alternative writ asserts jurisdiction of the appeal in that court.
The facts of the case are as follows:
The relator instituted in the circuit court of Jackson county, a proceeding by mandamus…
2Cases cited19 opinions
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Hulett v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1898
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- State ex rel. Smith v. SmithSupreme Court of Missouri · 1899
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3Cited by10 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Riley Pennsylvania Oil Co. v. SymmondsMissouri Court of Appeals · 1916
- City of Tarkio v. LoydSupreme Court of Missouri · 1904
- State ex rel. Case v. WilsonMissouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.