State Ex Rel. State Highway Commission v. Wiggins

There is nothing in the record to affirmatively indicate that the trial court ruled the constitutional question raised in respondents’ answer. Therefore, I respectfully dissent because I do not believe this Court has jurisdiction of this appeal. Kersting v. City of Ferguson, Mo.Sup., 388 S.W.2d 794; City of St. Louis v. Butler Co., 358 Mo. 1221, 219 S.W.2d 372, 378.