Legal Opinion

State ex rel. Springfield Traction Co. v. Broaddus

Supreme Court of Missouri

Decided November 27, 1907PublishedCited by 10 opinions

Mandamus. The Kansas City Court of Appeals errect in affirming the judgment; erred in refusing to consider the manifest and manifold errors committed by the trial court, and entirely overlooked the repeated rulings of the Supreme Court; and erred in holding that no bill of exceptions had been filed because there was no vacation entry showing such filing. The court entirely overlooked the fact that the bill of exceptions was filed within the time allowed by an order of court.

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Mandamus. The Kansas City Court of Appeals errect in affirming the judgment; erred in refusing to consider the manifest and manifold errors committed by the trial court, and entirely overlooked the repeated rulings of the Supreme Court; and erred in holding that no bill of exceptions had been filed because there was no vacation entry showing such filing. The court entirely overlooked the fact that the bill of exceptions was filed within the time allowed by an order of court. The opinion of the Kansas City Court of Appeals recites the order of the circuit court giving appellant the right to…

1Opinion of the CourtBurgess, J.

— This is an application for mandamus to require the respondents, Judges of the Kansas City Court of Appeals, to proceed with and hear, examine and determine upon its merits a cause recently pending in said court, wherein Mahala Cramer was plaintiff and the Spring-field Traction Company' was defendant.

The alternative writ is substantially as follows:

“Whereas, the Springfield Traction Company, by its petition, has represented to us, to-wit, that on the 10th day of August, 1905, it being the August term of the circuit court of Polk county, Missouri, there was *111pending in the circuit court of…

2Cases cited11 opinions

  1. State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
  2. People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
  3. Ricketts v. HartSupreme Court of Missouri · 1899
  4. State ex rel. Harris v. LaughlinSupreme Court of Missouri · 1882
  5. State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891

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3Cited by10 opinions

  1. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  2. State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
  3. State ex rel. Caulfield v. BroaddusSupreme Court of Missouri · 1911
  4. State ex rel. Modern Woodmen of America v. BroaddusSupreme Court of Missouri · 1912
  5. State ex rel. Chester v. TurnerMissouri Court of Appeals · 1914

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