Wabash R. Co. v. Flannigan

• Decision Date: 10 April 1906
• Citation: 118 Mo. App. 124,100 S.W. 661
• Court: Missouri Court of Appeals
• Parties: WABASH R. CO. v. FLANNIGAN et al.<SMALL><SUP>*</SUP></SMALL>

100 S.W. 661

118 Mo. App. 124

WABASH R. CO. v. FLANNIGAN et al.^*

St. Louis Court of Appeals. Missouri.

April 10, 1906.

COURTS—APPELLATE JURISDICTION—CONSTITUTIONAL QUESTIONS.

Where a motion for a new trial and in arrest, raising constitutional questions by pointing out the specific provisions of the state and federal Constitutions relied on, is overruled, and the movant appeals, the Court of Appeals will certify the cause to the Supreme Court for determination, though it is of the opinion that the constitutional point is not well taken.

Appeal from St. Louis Circuit Court; O'Neill Ryan, Judge.

Action by the Wabash Railroad Company against one Flannigan and others. There was a judgment for defendants, and plaintiff appeals. Cause certified to the Supreme Court.

George S. Grover and J. L. Minnis, for appellant. Bland & Cave, for respondent.

PER CURIAM.

In this case the appellant, both in its motion for new trial and its motion in arrest, raised constitutional questions and pointed out the specific sections and articles of the Constitution of this state and of the United States on which it relied. Those motions were overruled; hence, there were rulings on constitutional questions which were adverse to appellant—a fact that deprives this court of jurisdiction of the appeal. The motions were the first pleadings filed by appellant in the present proceeding to assess damages on the injunction bond. It seems to us the constitutional point is not well taken; but this court is not the final arbiter of such a question, and our experience is that the final decision of the cause in which it is raised is expedited by certifying the cause to the Supreme Court, where a motion to remand can be filed and the jurisdiction settled. However weak the point made against jurisdiction may be, it is often made the ground of a proceeding to get the cause to the Supreme Court after this court has decided it, thereby entailing delay.

It is therefore ordered that this appeal be certified to the Supreme Court.

* Motion to transfer case to Supreme Court pending