Hess v. Ganz

• Decision Date: 14 June 1898
• Citation: 46 S.W. 1133
• Parties: HESS v. GANZ.
• Court: Missouri Supreme Court

46 S.W. 1133

HESS v. GANZ.

Supreme Court of Missouri, Division No. 2.

June 14, 1898.

Case certified from Kansas City court of appeals. Action by Charles P. Hess against Philip Ganz. A. judgment for plaintiff was reversed by the Kansas City court of appeals, which certified the cause to the supreme court. Remanded.

R. S. Mathews and Joseph Park, for appellant. Dysart & Mitchell, for respondent.

BURGESS, J.

This case was taken by appeal to the Kansas City court of appeals, where, on the 1st day of December, 1895, an opinion was rendered by Judge Smith, in which the other members of the court concurred, reversing the judgment, and remanding the cause. Thereafter plaintiff filed a motion for rehearing, which was overruled; and it was ordered that, on account of being in conflict with the supreme court's decision in the third Missouri Reports, the cause be certified to the supreme court for its determination. There are several questions passed upon in the opinion, and there are three cases for slander reported in the third volume of the Missouri Supreme Court Reports, namely, Cooper v. Marlow, 188, Adams v. Hannon, 223, and Williams v. Harrison, 411; and, while a number of points were passed upon in these cases, there is not one which seems to us to be in conflict with the rulings of the court in the case at bar, and we are therefore at a loss to know what case is referred to in the order of the court transferring the case to this court. In fact, none of these cases are cited in the opinion of the court. The title of the case should have been given. Our conclusion is that the order that the case be certified to this court is so uncertain and indefinite that this court acquired no jurisdiction of the case by reason thereof, and we order that the record be returned to the Kansas City court of appeals.

GANTT, P. J., and SHERWOOD, J., concur.