Smith v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. ’Remanded to Kansas city court of appeals. This court has no jurisdiction of this case because no judge of the court of appeals deemed the decision of that court contrary to any previous decision of the Supreme Court. The only power the court of appeals has to certify this cause to this court is that conferred by section 6 of the amendment of the Constitution in regard to the court of appeals.
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Transferred from Kansas City Court of Appeals. ’Remanded to Kansas city court of appeals. This court has no jurisdiction of this case because no judge of the court of appeals deemed the decision of that court contrary to any previous decision of the Supreme Court. The only power the court of appeals has to certify this cause to this court is that conferred by section 6 of the amendment of the Constitution in regard to the court of appeals. State ex rel. v. Smith, 105 Mo. 6; State ex rel. v. Rombauer, 125 Mo. 635; State ex rel. v. Smith, 107 Mo. 520. (1) After this case had been pending in…
1Opinion of the CourtMacfarlane, P. J.
The suit is in two counts on two bills of lading issued, as alleged, by defendant to one Theodore Nathan for two carloads of grain and by said Nathan indorsed and delivered to plaintiff. The *35circumstances under which the bills were issued and the defenses made to the action need not be stated. On a trial in the circuit court plaintiff obtained judgment for $1,011.58 and defendant appealed to the Kansas City Court of Appeals. In that court the ease was twice heard. The first hearing resulted in a reversal of the judgment. Upon a rehearing, which was granted on the motion of plaintiff, the…
2Cases cited4 opinions
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- State ex rel. Third National Bank v. SmithSupreme Court of Missouri · 1891
- State ex rel. Giovanoni v. RombauerSupreme Court of Missouri · 1894
3Cited by5 opinions
- Missouri, Kansas & Texas Railway Co. v. SmithSupreme Court of Missouri · 1900
- Schafer v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1898
- Seaboard National Bank v. WoestenSupreme Court of Missouri · 1898
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
- State ex rel. Gilman v. RobertsonSupreme Court of Missouri · 1915