State v. Harty
| Decision Date | 13 June 1918 |
| Parties | STATE ex rel. WATERWORTH at al. v. HARTY, Superintendent of Insurance. |
| Court | Missouri Supreme Court |
This is an application by petitioners, as the ratemaking representatives of "all the stock fire insurance companies doing business" in this state, for a "judicial review," upon evidence to be heard by a commissioner, of the ruling of the superintendent of insurance in refusing petitioners an increase of rates according to a schedule filed with him March 27, 1913.
The matters of original cognizance thus presented do not lie within the constitutional jurisdiction of this court, which is "appellate only," except as otherwise specified or directed in that instrument. Const. 1875, art. 8, §§ 2 and 3, and article 8, § 9; Gantt v. Brown, 244 Mo. 300, 149 S. W. 644, Ann. Cas. 1913D, 1283; R. S. 1909, § 5921.
The application is therefore dismissed without prejudice to "a proper action" in a court of competent original jurisdiction. Laws of 1915, p. 318, § 15. All concur.
To continue reading
Request your trial
-
State ex Inf. McKittrick v. American Colony Ins.
...287 Fed. 406; Munn v. Illinois, 94 U.S. 132; Backtel v. Wilson, 204 U.S. 36; Railroad v. Garrett, 231 U.S. 310, 58 L. Ed. 241; State ex rel. v. Harty, 275 Mo. 59. Robert J. Folonie, E.R. Morrison and Homer Berger for respondents; Ragland, Otto & Potter and Igoe, Carroll, Higgs & Keefe of co......
-
State ex inf. McKittrick v. American Colony Ins. Co.
...287 F. 406; Munn v. Illinois, 94 U.S. 132; Backtel v. Wilson, 204 U.S. 36; Railroad v. Garrett, 231 U.S. 310, 58 L.Ed. 241; State ex rel. v. Harty, 275 Mo. 59. J. Folonie, E. R. Morrison and Homer Berger for respondents; Ragland, Otto & Potter and Igoe, Carroll, Higgs & Keefe of counsel. (1......
-
In re Sizer
... ... Frank ... W. McAllister, A. L. McCawley and John T. Sturgis for ... (1) The ... various courts of this State are created by our Constitution ... and the jurisdiction of each court is derived from and fixed ... by such Constitution. No court has power to ... v ... Locker, 266 Mo. 389; State ex rel. v. Tincher, ... 258 Mo. 15; Ex parte Bethurum, 66 Mo. 553; State ex rel ... v. Harty, 275 Mo. 59. (4) The right to practice law is a ... valuable property right. No person can be deprived of such ... right except by due process of ... ...
-
State ex rel. R-1 School Dist. of Putnam County v. Ewing
...444, 452; State ex rel. Roland v. Dreyer, 229 Mo. 201, 129 S.W. 904, 912; Lane et al. v. Charless, 5 Mo. 285; State ex rel. Waterworth v. Harty, 275 Mo. 59, 204 S.W. 500; Vail, contestor v. Denning, contestee, 44 Mo. 210; Foster v. State, 41 Mo. But relators argue that to permit a countercl......