State ex rel. Gilman v. Robertson
Supreme Court of Missouri
Certiorari. (1) Certiorari is proper procedure. State v. Smith, 176 Mo. 90; State ex rel. v, Edwards, 104 Mo. 125; State ex rel. v. Shelton, 154 Mo. 670; State ex rel. v. Guinnotte, 156 Mo. 513; State ex rel. v. Broaddus, 238 Mo. 189; Curtis v. Sexton, 252 Mo. 221. The petition is sufficient in all of its allegations. Certiorari is proper procedure and writ will be granted where exigencies of the case are such that a total or partial failure of justice may'result.
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Certiorari. (1) Certiorari is proper procedure. State v. Smith, 176 Mo. 90; State ex rel. v, Edwards, 104 Mo. 125; State ex rel. v. Shelton, 154 Mo. 670; State ex rel. v. Guinnotte, 156 Mo. 513; State ex rel. v. Broaddus, 238 Mo. 189; Curtis v. Sexton, 252 Mo. 221. The petition is sufficient in all of its allegations. Certiorari is proper procedure and writ will be granted where exigencies of the case are such that a total or partial failure of justice may'result. State ex rel. v. Guinnotte, 156 Mo. 513. Certiorari is properly granted in all cases where an inferior tribunal is alleged to have…
1Dissent
DISSENTING OPINION.
I
BOND, J.
A writ of certiorari was sued out in this court to quash the judgment of the Springfield Court of Appeals; The proceeding was instituted here *681by the appellants in a case lodged in the appellate jurisdiction of that court by their appeal from a judgment of the circuit court of Jasper county. In the exercise of its appellate jurisdiction of said cause, the Springfield Court of Appeals sustained a motion of the respondent to affirm the judgment of the lower court. The theory upon which the present proceeding was instituted by the parties appellant, in the Springfield…
2Cases cited30 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
- State v. DanielsSupreme Court of Missouri · 1877
- State ex rel. Iba v. MosmanSupreme Court of Missouri · 1910
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
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