State Ex Rel. Pitcairn v. Public Service Commission

Missouri Court of Appeals

State Ex Rel. Pitcairn v. Public Service Commission

100 S.W.2d 637, 231 Mo. App. 446, 1936 Mo. App. LEXIS 192

Procedural entryThis page is a short order in State Ex Rel. Pitcairn v. Public Service Commission. Read the opinion of the Court — 232 Mo. App. 535 →

Missouri Court of Appeals·Decided December 7, 1936·Published

Opinion

*447 SHAIN, P. J.

This is an appeal from a judgment of tbe Circuit Court of Cole County, affirming an award of the Public Service Commission. The appeal was allowed to the Supreme Court in conformity with Section 5237, Revised Statutes 1929. However, the latter court found that it had no jurisdiction over the appeal because that part of said section which attemptes to provide for an appeal to the Supreme Court in Public Service Commission cases involving $7500, or less, is unconstitutional. The court transferred'the case to this court.

The jurisdiction of this court to hear and determine this appeal is challenged by the respondent.

In the ease of State of Missouri, at the Relation of Orscheln Brothers Truck Lines, Inc., a corporation, v. Public Service Commission of the State’of Missouri, No. 18732, handed down by this court on November 9, 1936, we held that we had no jurisdiction in this class of cases. On the authority of that case, this appeal will be dismissed, and it is so ordered.

All concur.

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*447 SHAIN, P. J.

This is an appeal from a judgment of tbe Circuit Court of Cole County, affirming an award of the Public Service Commission. The appeal was allowed to the Supreme Court in conformity with Section 5237, Revised Statutes 1929. However, the latter court found that it had no jurisdiction over the appeal because that part of said section which attemptes to provide for an appeal to the Supreme Court in Public Service Commission cases involving $7500, or less, is unconstitutional. The court transferred'the case to this court.

The jurisdiction of this court to hear and determine this appeal is challenged by the respondent.

In the ease of State of Missouri, at the Relation of Orscheln Brothers Truck Lines, Inc., a corporation, v. Public Service Commission of the State’of Missouri, No. 18732, handed down by this court on November 9, 1936, we held that we had no jurisdiction in this class of cases. On the authority of that case, this appeal will be dismissed, and it is so ordered.

All concur.

State Ex Rel. Pitcairn v. Public Service Commission, 100 S.W.2d 637, 231 Mo. App. 446, 1936 Mo. App. LEXIS 192 (Mo. Ct. App. 1936).

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