Ash v. City of Independence
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) We do not think this court has jurisdiction of this appeal. Two thousand five hundred dollars is claimed and no more. Plaintiff did not raise any constitutional question nor was he beaten on one. Plaintiff can not claim to be damaged by rulings against the defendant. The constitutional question must be fairly presented by the record.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) We do not think this court has jurisdiction of this appeal. Two thousand five hundred dollars is claimed and no more. Plaintiff did not raise any constitutional question nor was he beaten on one. Plaintiff can not claim to be damaged by rulings against the defendant. The constitutional question must be fairly presented by the record. Bennett v. Railroad, 105 Mo. 642. (2) To confer jurisdiction on this court there must not only be a constitutional question raised in the court below; but there must be a constitutional question…
1Opinion of the CourtMarshall, J.
This is an action for $2,500 damages for alleged breach of contract. Prior to April 18, 1889, defendant was a city of the fourth class, and on that day it became a city of the third class. While a city of the fourth class, to wit, on July 13, 1887, it adopted an ordinance, numbered 188, establishing the grade on College street and Lexington road, that being a continuous highway, the part east of Noland street being called Lexington road, the part west of Noland street being called College street. At the same time defendant adopted an ordinance, numbered 189, requiring the owners or occupiers…
2Cases cited6 opinions
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
- Sayward v. DennySupreme Court of the United States · 1895
- Maxwell v. NewboldSupreme Court of the United States · 1856
- City of Independence v. GatesSupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1903
- State ex rel. Kansas City Loan Guarantee Co. v. SmithSupreme Court of Missouri · 1903
- Shell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
8 more not listed; retrieve them via the Exa API.