State ex rel. Fairbanks, Morse & Co. v. Ayers
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) A writ of certiorari is to prevent inferior courts from exceeding their jurisdiction where no appeal lies. State ex rel. v. Co. Court, 45 Mo. App. 387; State ex rel. v. Edwards, 104 Mo. 125State ex rel. v. Shelton, 154 Mo. 670, 692. (2) The writ is only allowed where no appeal or writ of error is afforded. RailAvay v. Young, 96 Mo. 39; State ex rel. v. Cauthorn, 40 Mo.
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Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) A writ of certiorari is to prevent inferior courts from exceeding their jurisdiction where no appeal lies. State ex rel. v. Co. Court, 45 Mo. App. 387; State ex rel. v. Edwards, 104 Mo. 125State ex rel. v. Shelton, 154 Mo. 670, 692. (2) The writ is only allowed where no appeal or writ of error is afforded. RailAvay v. Young, 96 Mo. 39; State ex rel. v. Cauthorn, 40 Mo. App. 94; State ex rel. v. Shelton, 154 Mo. 670, 692. (3) It had an adequate remedy at law. Respondent should have appealed from the decision of said justice. R.…
1Opinion of the Court
.BROADDUS, P. J.
On the twenty-third day of April, 1904, one George Withers began suit in Sedaiia township, Pettis county, before M. A. Ayers, justice of the peace, against the relator, Fairbanks, Morse & Co'., a corporation organized under the laws of the State of Illinois with a branch office in St. Louis, Missouri. The summons was served by the. constable of said township by reading the same to one, Charles Easton, agent of said corporation on the 14th day of June, 1904, in Sedaiia township. On June the 24th 1904, judgment was rendered in favor of the plaintiff for $191.50. On July the 2nd,…
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