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Certiorari As Used By The Supreme Court In The Interest Of Harmony Of Opinion And Uniformity Of The Law, W. W. Graves
Certiorari As Used By The Supreme Court In The Interest Of Harmony Of Opinion And Uniformity Of The Law, W. W. Graves
University of Missouri Bulletin Law Series
It is not my purpose to discuss the writ of certiorari in general, but only such writ as used by the Supreme Court and as directed to the several Courts of Appeals in the interest of harmony of the case law of the state. But whilst this is the purpose I have in mind, yet some general thoughts are not inappropriate. In Missouri we have no general statutes covering the subject of certiorari, as we have covering prohibition, mandamus, habeas corpus and quo warranto. In most respects we use the writ as recognized at common law, and it is no …
Certiorari From The Missouri Supreme Court To The Courts Of Appeals, J. P. Mcbaine
Certiorari From The Missouri Supreme Court To The Courts Of Appeals, J. P. Mcbaine
University of Missouri Bulletin Law Series
In a previous number of the Law Series the writer published an article on the subject "The Writ of Certiorari in Missouri," which treated generally of the use of that writ in this state. This article was published largely because the Supreme Court of Missouri in several cases then recently decided had overruled a long list of earlier decisions and had held that under the constitution it had authority by writ of certiorari to quash the judgment of a court of appeals that had not followed "the last previous ruling of the Supreme Court on any question of law or …
Proposed Regulation Of Missouri Procedure By Rules Of Court, The, Manley O. Hudson
Proposed Regulation Of Missouri Procedure By Rules Of Court, The, Manley O. Hudson
University of Missouri Bulletin Law Series
At the 1915 meeting of the Missouri Bar Association, the committee on judicial administration and legal procedure recommended "that the matter of making rules for the government of civil practice in the trial courts be delegated to the Supreme Court." A similar recommendation was made by the committee on judicial administration and remedial procedure in 1912, and by a special committee on judicial administration and legal procedure in 1913. The proposal was approved by the Missouri Bar Association in 1913 after a long debate, and it was vigorously advocated by the president of the Association in his annual address in …
Writ Of Certiorari In Missouri, The, J. P. Mcbaine
Writ Of Certiorari In Missouri, The, J. P. Mcbaine
University of Missouri Bulletin Law Series
Due to the fact that the Supreme Court of Missouri has recently decided several cases involving questions as to the use of the extraordinary legal remedy of the writ of certiorari, and to the further fact that this ancient remedy is governed by common law principles, this study of the Missouri decisions pertaining to certiorari has been undertaken. Use of the writ in Missouri is increasing, and since the law relating to the writ is not governed by our code of pleading and practice, or by a special code as are mandamus, prohibition, habeas corpus, and quo warranto, the other …