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University of Missouri Bulletin Law Series

Authors

W. W. Graves

Document Type

Article

Abstract

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 doubt true that when the constitution of 1875, sec. 3 of art. VI, speaks of certiorari, it was used in the common law sense of that term. In many states, by statute the old common law writ has been curtailed, and in others enlarged. And in England Acts of Parliament have changed in some things the old common law certiorari.

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