The State ex rel. Teasdale v. Smith

• Decision Date: 20 June 1890
• Citation: 14 S.W. 108,101 Mo. 174
• Parties: The State ex rel. Teasdale, Assignee, v. Smith et al., Judges of Kansas City Court of Appeals
• Court: Missouri Supreme Court

14 S.W. 108

101 Mo. 174

The State ex rel. Teasdale, Assignee, v. Smith et al., Judges of Kansas City Court of Appeals

Supreme Court of Missouri

June 20, 1890

April, 1890

Writ denied.

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

OPINION

Certiorari.

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 nature. Railroad v. State Board, 64 Mo. 294. As the Kansas City court of appeals confessedly had jurisdiction this must prevent the issuance of the writ prayed for, and it is denied. All concur.