State v. Adkins

• Court: Missouri Court of Appeals
• Writing for the Court: Bland
• Citation: State v. Adkins, 100 S.W. 661, 119 Mo. App. 396 (Mo. App. 1906)
• Decision Date: 08 May 1906
• Parties: STATE ex rel. HADLEY v. ADKINS et al.<SMALL><SUP>*</SUP></SMALL>

100 S.W. 661

119 Mo. App. 396

STATE ex rel. HADLEY v. ADKINS et al.^*

St. Louis Court of Appeals. Missouri.

May 8, 1906.

COURTS—APPELLATE JURISDICTION—GROUNDS —INTERMEDIATE COURTS.

A proceeding in certiorari to review the action of the justices of a county in selecting a depository of the public funds of the county involves the construction of the revenue laws of the state, and, under Const. art. 6, § 12 [Ann. St. 1906, p. 218], the Court of Appeals has no jurisdiction to hear and determine the cause.

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.

BLAND, P. J.

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...