State ex rel. Harrison County Bank v. Springer
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge.- (1) The answer filed by defendants in the way of pleading should have been stricken out. The writ of ■certiorari brings up for review nothing but the record proper of the proceedings of the lower tribunal. This writ does not bring up the evidence, if any were given, neither is it proper to file answer by way of pleading to explain, excuse, or defend the action of the board.
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Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge.- (1) The answer filed by defendants in the way of pleading should have been stricken out. The writ of ■certiorari brings up for review nothing but the record proper of the proceedings of the lower tribunal. This writ does not bring up the evidence, if any were given, neither is it proper to file answer by way of pleading to explain, excuse, or defend the action of the board. The record proper alone is to be considered, and it can not be aided or supplemented by pleading or extrinsic evidence. Bailroad v. State Board, 64 Mo. 294;…
1Opinion of the CourtBarclay, J.
The original case in the circuit court was begun by an application for a writ of certiorari, directed to the Board of Equalization of Harrison county. The petitioner was the Harrison County Bank. Mr. Springer and the other members of the board were named as defendants. The circuit court granted the writ; and a return to it was made by the board. Upon a hearing, the circuit court “quashed the writ,” discharged defendants, and found for them *219as to the costs. Plaintiff appealed in due course after the usual motions and exceptions. .
The procedure in the circuit court need not be minutely…
2Cases cited19 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Porter v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1875
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
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3Cited by18 opinions
- May Department Stores Co. v. State Tax CommissionSupreme Court of Missouri · 1958
- Boonville National Bank v. SchlotzhauerSupreme Court of Missouri · 1927
- State Ex Rel. St. Louis Union Trust Co. v. NeafSupreme Court of Missouri · 1940
- State Ex Rel. Horton v. ClarkSupreme Court of Missouri · 1928
- State ex rel. Barker v. WurdemanSupreme Court of Missouri · 1914
13 more not listed; retrieve them via the Exa API.