TaiLexi AI U.S. Case Law

State ex rel. Kirn v. O'Hallaron

STATE OF MISSOURI ex rel. GEORGE C. KIRN v. ANTHONY A. O'HALLARON

State ex rel. Kirn v. O'Hallaron, 140 S.W. 1198 (Mo. Ct. App. 1911)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Missouri Court of Appeals · State Appellate Courts
Decided
November 7, 1911
Citations
140 S.W. 1198160 Mo. App. 6261911 Mo. App. LEXIS 692
Disposition
Reversed and remanded (with directions).
Headnotes
The opinion of the Springfield Court of Appeals in this case (144 Mo. App. 570) is adopted as the opinion of the court.
Summary
■Appeal from St. Louis City Circuit Court. — lion. William M. Kinsey, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM. —

The appeal in this case .was prosecuted to this court, but it was transferred to the Springfield Court of Appeals under the provisions of an Act of the Legislature, approved June 12, 1909. [See Laws of Missouri 1909', p. 396; see also Sec. 3989', R. S. 1909.] Afterwards, the Springfield Court of Appeals disposed of the case through an opinion prepared by Judge Nixon of that court, which may be found reported under the title of State of Mo. ex rel. Geo. C. Kirn v. Anthony A. O’Hallaron, 144 Mo. App. 570 , 129 S. W. 227 . Subsequently, the Supreme Court declared the legislative act, which purported to authorize the transfer of cases from one court, of appeals to another for hearing and determination, to be unconstitutional, as will appear by reference to the cases of State ex rel. Dunham v. Nixon, 232 Mo. 98 , 133 S. W. 336 ; State ex rel. Dressed Beef, etc. Co. v. Nixon, 232 Mo. 496 , 134 S. W. 538 ; State ex rel. O’Malley v. Nixon, 233 Mo. 345 , *627 138 S. W. 342 . Because of such ruling of the Supreme Court, the case was thereafter transferred by the Springfield Court of Appeals to this court on the theory that the jurisdiction of the appeal continued to reside here and the proceedings had in the Springfield Court with reference thereto were coram non judice.

The ease has been argued and submitted here and duly considered. On examination of the several arguments advanced for a reversal of the judgment, we are prepared to concur in the views of the Springfield Court heretofore expressed thereon and, therefore, adopt as the statement of facts and the opinion of this court the opinion above referred to in the same case which, as before said, is reported under the title of State of Missouri ex rel. v. 0'’Hallaron, 144 Mo. App. 570 , 129 S. W. 227 . We concur in the view expressed in the opinion above referred to and for the reasons suggested therein, the judgment should be reversed and remanded with directions to the circuit court to issue the writ of prohibition as prayed for. It is so ordered.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. State ex rel. Hazel v. Watkins253 S.W. 781 (Mo. Ct. App. 1923)

Most recent

  1. State ex rel. Hazel v. Watkins253 S.W. 781 (Mo. Ct. App. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
State ex rel. Kirn v. O'Hallaron, 129 S.W. 227 (Mo. Ct. App. 1910) 2
State ex rel. St. Louis Dressed Beef & Provision Co. v. Nixon, 134 S.W. 538 (Mo. 1911) 52
State ex rel. Dunham v. Nixon, 133 S.W. 336 (Mo. 1910) 40
State ex rel. O'Malley v. Nixon, 138 S.W. 342 (Mo. 1911) 25

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list