State v. Adkins
| Decision Date | 08 May 1906 |
| Citation | 100 S.W. 661,119 Mo. App. 396 |
| Court | Missouri Court of Appeals |
| Parties | STATE ex rel. HADLEY v. ADKINS et al.<SMALL><SUP>*</SUP></SMALL> |
Appeal from Circuit Court, McDonald County; F. C. Johnston, Judge.
Certiorari by the state, on the relation of Hadley, to Adkins and others, justices of the county court, to review the acts of the justices in selecting a depository of the public funds of their county. From a judgment for petitioner, defendants appeal. Transferred to Supreme Court.
Joseph S. Long and James H. Pratt, for appellants. Herbert S. Hadley, Atty. Gen., Jas. A. Sturges, and O. R. Puckett, for respondent.
On the petition of the Attorney General, the circuit court of McDonald county issued its writ of certiorari commanding the defendants, justices of the county court of said county, to make return to the writ and show by what authority they, as justices of said county court, had selected and appointed the State Bank of Anderson, in said county, as the depository of the public funds of said county. In obedience to the command of the writ, defendants made their return, incorporating therein a duly authenticated copy of the proceedings of the McDonald county court, resulting in the selection and appointment of the State Bank of Anderson as the depository of the public funds of the county, except the capital public school fund. On the hearing the proceedings of the county court were quashed by the circuit court, from which judgment defendants duly appealed.
It seems to us the case involves the construction of the revenue laws of the state. If so, this court is without jurisdiction to hear and determine the appeal. Section 12, art. 6, Const.
Therefore the case is transferred to the Supreme Court. All concur.
* Motion to transfer case to Supreme Court pending
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State v. Adkins
...for relator, and defendants appealed to the St. Louis Court of Appeals, which transferred the cause to the Supreme Court. 119 Mo. App. 396, 100 S. W. 661. Joseph S. Long and James H. Pratt, for appellants. Herbert S. Hadley, Atty. Gen., J. A. Sturges, and O. R. Puckett, for respondent. LAMM......
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State ex rel. Martin v. Childress
... ... accurate description of the land and the names of the owners ... on his books is not contingent on the county court furnishing ... to the recorder the land list book provided for by Section ... State ... ex rel. Hadley v. Adkins et al., 221 Mo. 112, 119 S.W ... 1091, was in certiorari, and the defendants were the county ... judges of McDonald County. The purpose was to quash an order ... of the county [345 Mo. 499] court selecting a certain bank as ... the county depository. The certiorari proceeding was based on ... ...
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State ex rel. Hadley v. Adkins
...defendants appealed to the St. Louis Court of Appeals. That court held it had no jurisdiction and transferred the case here (119 Mo.App. 396, 100 S.W. 661). This on the theory that the case was "involving the construction of the revenue laws of this State" (Sec. 12, art. 6, Constitution; Se......
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DeWitt's Estate, In re
...articulated in State ex rel. Attorney General v. Adkins, 221 Mo. 112, 118-19, 119 S.W. 1091, 1093 (1909), Transf'd from 119 Mo.App. 396, 100 S.W. 661 (1906): "(1) (T)hat the revenue (law) must be directly and primarily concerned, not merely indirectly or as an incident; . . . (2) where the ......