State ex rel. City of Stanberry v. Smith
Supreme Court of Missouri
Mandamus. (1) The Supreme Court has superintending control over all inferior courts in the State. This jurisdiction includes control of mandamus over the courts of appeal by express provision. Const., sec. 3, art. 6; see. 8 of Amends. 1884 to Const., p. 94, R. S. 1899; State ex rel. v. Philips, 97 Mo. 331; State ex rel. v. Rombauer, 101 Mo. 504. (2) Mandamus is the proper remedy where an inferior court improperly dismisses an appeal and refuses to hear the cause.
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Mandamus. (1) The Supreme Court has superintending control over all inferior courts in the State. This jurisdiction includes control of mandamus over the courts of appeal by express provision. Const., sec. 3, art. 6; see. 8 of Amends. 1884 to Const., p. 94, R. S. 1899; State ex rel. v. Philips, 97 Mo. 331; State ex rel. v. Rombauer, 101 Mo. 504. (2) Mandamus is the proper remedy where an inferior court improperly dismisses an appeal and refuses to hear the cause. State ex rel. v. Philips, supra; Ex parte Parker, 120 U. S. 737; Harrington v. Holler, 111 U. S. 796; State ex rel. v. Cape…
1Opinion of the CourtGantt, P. J.
This is an original proceeding in this court by relator to obtain a peremptory writ of mandamus directing the judges of the Kansas City Court of Appeals to reinstate the cause of Nellie Campbell .against the city of Stanberry,. and to hear and determine an appeal in said cause, heretofore certified to said court and by it dismissed. The following summary of the facts will suffice for. a proper understanding of the opinion:
In 1896 Miss Nellie Campbell brought her action against the city of Stanbérry for damages resulting to her from a fall into an excavation in one of the public streets- of…
2Cases cited7 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- Holloway v. HollowaySupreme Court of Missouri · 1888
- State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- Exchange Bank of Novinger v. TurnerSupreme Court of Missouri · 1929
- State ex rel. Union Electric Light & Power Co. v. GrimmSupreme Court of Missouri · 1909
9 more not listed; retrieve them via the Exa API.