State v. Smith

Decision Date20 June 1890
CitationState v. Smith, 14 S.W. 108, 101 Mo. 174 (Mo. 1890)
PartiesSTATE ex rel. TEASDALE v. SMITH et al., Judges.
CourtMissouri Supreme Court

Johnson & Lucas and T. A. Frank-Jones, for relator.

SHERWOOD, J.

This is an application for a writ of certiorari, directed to the judges of the Kansas City court of appeals. This writ, under constitutional provisions, is strictly the common-law writ of that name. It only brings up the record, and can only reach errors or defects which appear on the face of the record of the tribunal to which it is issued, and which are jurisdictional in their...

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47 cases
  • State v. Shelton
    • United States
    • Missouri Supreme Court
    • March 5, 1900
    ...go to the jurisdiction of the tribunal to which the writ is sued out, can be reviewed by such writ." By Sherwood, J., in State v. Smith, 101 Mo. 174, 14 S. W. 108: "This writ, under constitutional provisions, is strictly the common-law writ of that name. It only brings up the record, and ca......
  • State ex rel. Aquamsi Land Co. v. Hostetter
    • United States
    • Missouri Supreme Court
    • February 7, 1935
    ... ... questioned in this collateral proceeding. Mo. Const. 1820, ... Sec. 1, Art. V; Laws 1851, p. 201; R. S. 1929, secs ... 14500-14539; State ex rel. Allen v. Trimble, 317 Mo ... 751, 297 S.W. 378; State ex rel. Bentley v ... Reynolds, 89 S.W. 877, 190 Mo. 578; State ex rel ... Smith v. Dykeman, 134 S.W. 120, 153 Mo.App. 416; ... State ex rel. Ruppel v. Wiethaupt, 162 S.W. 163, 254 ... Mo. 319; 15 C. J., pp. 874-875; State ex rel. v ... Bailey, 118 N.W. 676, 19 L. R. A. (N. S.) 775; Burt ... v. Railroad Co., 31 Minn. 472, 18 N.W. 285; Kayser ... v. Bremen, 16 Mo ... ...
  • The State ex rel. Kansas & Texas Coal Railway v. Shelton
    • United States
    • Missouri Supreme Court
    • March 5, 1900
    ...no appeal or writ of error is allowed, such as the removal of an officer, habeas corpus, and similar special jurisdiction. State ex rel. v. Smith, 101 Mo. 174; State ex rel. v. Edwards, 104 Mo. 125; State rel. v. Slover, 113 Mo. 210; State ex rel. v. Dobson, 135 Mo. 1; State ex rel. v. Gill......
  • State ex rel. Gilman v. Robertson
    • United States
    • Missouri Supreme Court
    • April 2, 1915
    ... ... C. G. GILMAN et al. v. W. R. ROBERTSON et al., Judges of Springfield Court of Appeals Supreme Court of Missouri April 2, 1915 ...           Writ ...          M. R ... Lively for relators ...          (1) ... Certiorari is proper procedure. State v. Smith, 176 ... Mo. 90; State ex rel. v. Edwards, 104 Mo. 125; ... State ex rel. v. Shelton, 154 Mo. 670; State ex ... rel. v. Guinnotte, 156 Mo. 513; State ex rel. v ... Broaddus, 238 Mo. 189; Curtis v. Sexton, 252 ... Mo. 221. The petition is sufficient in all of its ... allegations ... ...
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