State v. Bland

CourtUnited States State Supreme Court of Missouri
Writing for the CourtMarshall
Citation168 Mo. 1,67 S.W. 580
Decision Date19 March 1902
PartiesSTATE ex rel. WABASH R. CO. v. BLAND et al.
67 S.W. 580
168 Mo. 1
STATE ex rel. WABASH R. CO.
v.
BLAND et al.
Supreme Court of Missouri.
March 19, 1902.

CERTIORARI — FEDERAL QUESTION — CARRIER — PAYMENT OF DUTIES — SUBROGATION TO LIEN.

Goods shipped in bond from Japan to St. Louis, with freight paid to destination, were, through fault of a railroad company, sent first to St. Paul, where the goods were opened and assessed, and duties paid by the connecting railroad. When the goods reached St. Louis the consignee refused to pay such sum to the railroad company until he had inspected the goods, — the box showing that they had been opened, — and, on the company refusing such inspection, replevied the goods, and recovered judgment in the trial court, which was affirmed by the St. Louis court of appeals. The defendant then applied for certiorari, claiming that under Rev. St. U. S. §§ 3100, 3102, and 1 Supp. Rev. St. U. S. 1891, pp. 294, 540, regulating the importation of goods in bond, and providing ports to which importation may be so made, it was entitled to subrogation to the lien of the government for the duties so paid, and that such court of appeals had no jurisdiction over such question. Held, that such statutes give no such right, and that no federal question, or other question not within the jurisdiction of the court of appeals, was raised in the replevin action, and hence the case was not reviewable by the supreme court by certiorari.

In banc. Proceeding by certiorari by the state, on the relation of the Wabash Railroad Company, against C. C. Bland and others, to review the decision of the St. Louis court of appeals in the action of Charles E. Pearce against the relator. Writ of certiorari quashed.

This is an original proceeding, by certiorari, whereby the cause of Charles E. Pearce against the Wabash Railroad Company was removed from the St. Louis court of appeals to this court after final judgment in that court in favor of the plaintiff. The petition for the writ of certiorari was based upon the allegation that the St. Louis court of appeals had exceeded its jurisdiction, or was without jurisdiction because "the validity of a treaty or statute of, or authority exercised under the United States, is drawn in question" in the case of Pearce against the railroad, aforesaid, and that the defendant in that case had invoked and been denied the protection of such federal statute or authority. And it was upon this showing and claim that the writ of certiorari was issued. The record in the case of Pearce against the relator, certified to this court under said writ, presents this state of facts: Pearce shipped four boxes of curios, of the value of $1,000, from Yokohama, Japan, to Wilfred Schade & Co., at St. Louis, in bond, by the Canadian Pacific Railway Company, prepaying the freight. The port of entry specified in the clearance certificate of the United States deputy consul general was St. Louis, where the duties were to be paid. The goods were carried by said railroad company, on the steamer Empress of China, from Yokohama to Vancouver, British Columbia. There the said railroad placed them in a properly bonded car on its road, and consigned these goods, with others, to: "F. Jones, St. Paul. For Wilfred Schade & Co., St. Louis." That railroad transported said goods over its own road and over its connecting road, the Minneapolis, St. Paul & Sault Ste. Marie Railway, to St. Paul. At St. Paul the United States custom officers opened the goods, assessed the import duties at $264.31, and repacked the goods. The Minneapolis, St. Paul & Sault Ste. Marie Railway...

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7 practice notes
  • State v. Reynolds
    • United States
    • Missouri Supreme Court
    • April 2, 1914
    ...Cases, we must overrule the following decisions of this court: State ex rel. v. Smith, 101 Mo. 174, 14 S. W. 108; State ex rel. v. Bland, 168 Mo. 1, 67 S. W. 580; State ex rel. v. Smith, 173 Mo. 398, 73 S. W. 211; State ex rel. v. Broaddus, 216 Mo. 336, 115 S. W. 1018; and Missouri, Kansas ......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...v. Caulfield, 62 S.W. (2d) 818; State ex rel. v. Westhues, 286 S.W. 386; State ex rel. v. Broaddus, 245 Mo. 123; State ex rel. v. Bland, 168 Mo. 1; State ex rel. v. Moniteau, 45 Mo. App. 387; State ex rel. v. Reynolds, 190 Mo. 578, 89 S.W. 877; Ward v. Board, 135 Mo. 309, 36 S.W. 648; State......
  • State ex rel. Woodmansee v. Ridge, No. 35966.
    • United States
    • United States State Supreme Court of Missouri
    • December 20, 1938
    ...v. Trimble, supra, that "The writ of certiorari ... reaches only questions of jurisdiction" is a quotation from State ex rel. v. Bland, 168 Mo. 1, 67 S.W. 580. But the statement must be considered in the light of its own setting. There the court was being asked to proceed to determine a con......
  • State ex rel. Lumber Co. v. Bader, No. 31018.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1931
    ...ex rel. Amusement Co. v. Trimble, 318 Mo. 274; State ex rel. Manion v. Dawson, 284 Mo. 490; State ex rel. Wabash Railroad Co. v. Bland, 168 Mo. 1. (3) Certiorari will not lie except to a final judgment. State ex rel. v. Pearcy, 29 S.W. (2d) 83; State ex rel. v. Walbridge, 123 Mo. 524; State......
  • Request a trial to view additional results
7 cases
  • State v. Reynolds
    • United States
    • Missouri Supreme Court
    • April 2, 1914
    ...Cases, we must overrule the following decisions of this court: State ex rel. v. Smith, 101 Mo. 174, 14 S. W. 108; State ex rel. v. Bland, 168 Mo. 1, 67 S. W. 580; State ex rel. v. Smith, 173 Mo. 398, 73 S. W. 211; State ex rel. v. Broaddus, 216 Mo. 336, 115 S. W. 1018; and Missouri, Kansas ......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...v. Caulfield, 62 S.W. (2d) 818; State ex rel. v. Westhues, 286 S.W. 386; State ex rel. v. Broaddus, 245 Mo. 123; State ex rel. v. Bland, 168 Mo. 1; State ex rel. v. Moniteau, 45 Mo. App. 387; State ex rel. v. Reynolds, 190 Mo. 578, 89 S.W. 877; Ward v. Board, 135 Mo. 309, 36 S.W. 648; State......
  • State ex rel. Woodmansee v. Ridge, No. 35966.
    • United States
    • United States State Supreme Court of Missouri
    • December 20, 1938
    ...v. Trimble, supra, that "The writ of certiorari ... reaches only questions of jurisdiction" is a quotation from State ex rel. v. Bland, 168 Mo. 1, 67 S.W. 580. But the statement must be considered in the light of its own setting. There the court was being asked to proceed to determine a con......
  • State ex rel. Lumber Co. v. Bader, No. 31018.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1931
    ...ex rel. Amusement Co. v. Trimble, 318 Mo. 274; State ex rel. Manion v. Dawson, 284 Mo. 490; State ex rel. Wabash Railroad Co. v. Bland, 168 Mo. 1. (3) Certiorari will not lie except to a final judgment. State ex rel. v. Pearcy, 29 S.W. (2d) 83; State ex rel. v. Walbridge, 123 Mo. 524; State......
  • Request a trial to view additional results

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