State ex rel. Pitcairn v. Shain, 35375.

• Decision Date: 05 June 1937
• Docket Number: No. 35375.,35375.
• Parties: STATE ex rel. PITCAIRN et al. v. SHAIN et al.
• Court: Missouri Supreme Court

106 S.W.2d 902

STATE ex rel. PITCAIRN et al. v. SHAIN et al.

No. 35375.

Supreme Court of Missouri.

June 5, 1937.

En Banc.

Proceeding in certiorari by the State, at the relation of one Pitcairn and others, to quash an opinion [100 S.W.(2d) 636] of the Kansas City Court of Appeals, Hopkins B. Shain and others, judges thereof, in a case wherein relator was a relator and the Public Service Commission was the respondent, wherein a writ of certiorari was issued.

Writ quashed and proceeding dismissed.

N. S. Brown and Joseph H. Miller, both of St. Louis, and R. W. Hedrick and Frank E. Atwood, both of Jefferson City, for relators.

James P. Boyd, of Paris, and Daniel C. Rogers, of Fayette, for respondents.

FRANK, Judge.

This is a proceeding in certiorari to quash an opinion of the Kansas City Court of Appeals in the case of State ex rel. Pitcairn and Frank C. Nicodemus, Jr., Receivers of Wabash Railway Company v. Public Service Commission, 100 S.W.(2d) 636. The Court of Appeals by its opinion dismissed the appeal in said cause on the alleged ground that it had no jurisdiction thereof. In a certain mandamus action brought by the relator in this action, we handed down an opinion concurrently herewith in which we awarded a peremptory writ of mandamus directing the Court of Appeals to set aside its order dismissing the appeal in said cause and reinstate said cause on its docket for hearing in due course. 106 S.W.(2d) 901. Since relator obtained adequate relief in the mandamus action, no useful purpose would be served in determining this certiorari proceeding on its merits.

For the reasons stated, the writ of certiorari heretofore issued in this cause is quashed and the proceeding dismissed.

All concur.