Legal Opinion

State Ex Rel. Gardner v. Harris

Supreme Court of Missouri

Decided January 29, 1921PublishedCited by 5 opinions

Certiorari. (1) Certiorari is the appropriate remedy. State ex rel. v. Weithanpt, 254 Mo. 329. (2) The Circuit Court of Boone County, had no jurisdiction over the State Board of Equalization.

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Certiorari. (1) Certiorari is the appropriate remedy. State ex rel. v. Weithanpt, 254 Mo. 329. (2) The Circuit Court of Boone County, had no jurisdiction over the State Board of Equalization. State ex rol. v. Hall, 221 S. W. 712. (3) The territorial jurisdiction of a circuit court’s superintending control being limited by the Constitution to the limits of such court’s district, and the State Board of Equalization not being found, or capable of being found, therein, it would appear to be constitutionally beyond the power of such circuit court to alter, modify or change any order and judgment…

1Opinion of the CourtWalker, C. J.

This is an original proceeding in certiorari instituted in this court by the G-overnor and others, constituting the State Board of Equalization, to require David II. Harris, as Judge of the Circuit Court of Boone County, to certify to the Supreme Court the records on file in said circuit court in a certain cause determined therein, in which the State of Missouri, at the relation of the Exchange National Bank, was the relator, and the members of the County Board of Equalization of Boone County were the respondents.

A summary of the relevant portions of the petition filed herein by the State…

2Cases cited13 opinions

  1. In re the Estate of CookCalifornia Supreme Court · 1888
  2. Feurt v. CasterSupreme Court of Missouri · 1903
  3. State ex rel. Taylor v. St. Louis County CourtSupreme Court of Missouri · 1871
  4. Wells, Fargo & Co. v. State Board of EqualizationCalifornia Supreme Court · 1880
  5. Judge v. PowersSupreme Court of Iowa · 1912

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
  2. State Ex Rel. Union Trust Co. v. BuderSupreme Court of Missouri · 1925
  3. State Ex Rel. Berra v. SestricSupreme Court of Missouri · 1942
  4. State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931
  5. Spokane & Eastern Trust Co. v. Spokane CountyWashington Supreme Court · 1929

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