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University of Missouri Bulletin Law Series

Authors

J. P. McBaine

Document Type

Article

Abstract

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 equity."' No attempt was made to discuss fully the extent of the constitutional authority of the Supreme Court where it is claimed that its last previous ruling has not been followed by a court of appeals or what may be considered by the Supreme Court upon issuance of a preliminary writ of certiorari. The decisions at that time seemed to contain too little material for a discussion of these topics; but the decisions during the last two years have involved more extended consideration of them, and it is thought that a discussion of all the cases would now be of interest to the profession in Missouri. As the questions involved are new and as there may be difference of opinion even as to just what has been decided a somewhat detailed statement of the cases will be necessary.

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