Seaboard National Bank v. Woesten

• Decision Date: 07 June 1898
• Parties: Seaboard National Bank, Appellant, v. Woesten et al
• Court: Missouri Supreme Court

46 S.W. 201

144 Mo. 407

Seaboard National Bank, Appellant, v. Woesten et al

Supreme Court of Missouri

June 7, 1898

Transferred from St. Louis Court of Appeals.

Remanded to St. Louis court of appeals.

Boyle Priest & Lehmann for appellant.

Hiram J. Grover and Dennis Devoy for respondents.

Gantt C. J. Burgess, Robinson, Brace and Williams, JJ., concur. Sherwood and Marshall, JJ., dissent.

OPINION

In Banc.

Gantt C. J. --

The record in this cause has been transmitted to this court by the St. Louis Court of Appeals by the following order of said court, made in January, 1897: "The court having duly heard and considered the said appellant's motion to transfer this cause to the Supreme Court, doth consider and adjudge that the same be overruled. But this court is of opinion that its decision in the case at bar is not in harmony with the decision of the Supreme Court in Barber Asphalt Co. v. Ullman, recently decided; it is therefore ordered that this cause be certified to the Supreme Court for final hearing and determination and that until such final hearing and determination is had, all further proceedings herein be stayed. Opinion filed."

In the opinion filed, the learned judge of the St. Louis Court of Appeals who prepared that opinion, after referring to the opinion of this court in Barber Asphalt Co. v. Ullman, 137 Mo. 543, 38 S.W. 458, says: "In view of that holding we are in doubt, whether the opinion filed by us in the case at bar is in harmony with the last controlling decision of the Supreme Court, since we do not see our way clearly to a reconciliation of the views entertained by a majority of the Supreme Court in the Verdin case with the views expressed by a majority of that court in the Ullman case. Under these circumstances we best fulfill our constitutional duty by certifying the cause to the Supreme Court, so that it may upon inspection of the record and our opinion herein determine whether such opinion is or is not in harmony with its last controlling decision."

This court and the St. Louis Court of Appeals derive their jurisdiction to hear and determine causes from the Constitution of Missouri and the amendments thereto. Neither may trench upon the authority conferred upon the other. While this court may by means of certain writs, superintend all other courts in the State to insure their obedience to the Constitution, no authority is given to it to hear and determine in the first instance appeals in cases which the Constitution requires the St. Louis Court of Appeals to hear and determine, and should we do so we would be guilty of usurping powers not delegated to us. In certain specific cases and under certain contingencies the St. Louis Court of Appeals is required to certify appeals to this court, which have been properly certified to it in the first instance. The conditions precedent essential to the transfer of an appeal to this court by the court of appeals are found in section 6 of the amendment to the Constitution of Missouri adopted at the general election held on Tuesday next following the first Monday in November, 1884. R. S. 1889, pp 87 and 88. When a judge of any one of the courts of appeals deems an opinion of such court contrary to a previous decision of any one of said courts, or of the Supreme Court, said court of appeals is required to certify the cause to this court, and "the last previous rulings of the Supreme Court on any question of law or equity shall in all cases be controlling authority in said courts of appeals." Reading the whole section together we do not think it can be questioned that each ...