Opinion

State ex rel. Waterworth v. Harty

  • 275 Mo. 59
  • 204 S.W. 500
  • 1918 Mo. LEXIS 54
Court
Supreme Court of Missouri
Filed
Jun 13, 1918
Status
Published
Author
Bond
On the bench
Bond
Cited by
2 cases
Authority
More cited than 50.3%

The opinion

BOND, C. J.

This is an application by petitioners as the rate-making representatives of “all the stock fire insurance companies doing business” in this State, for a “judicial review,” upon evidence to be heard by a commissioner, of the ruling of the Superintendent of Insurance, in refusing petitioners an increase of rates according to a schedule filed with him March 27, 1918.

The matters of original cognizance thus presented do not lie within the constitutional jurisdiction of ■ this court, which is “appellate only,” except as otherwise specified or directed in that instrument. [Const. 1875, art. 6, secs. 2 and 3; Ib., art. 8, sec. 9; Gantt v. Brown, 244 Mo. 1 . c. 300; R. S. 1909, sec. 5951.] The application is therefore dismissed without prejudice to “a proper action” in a court of competent original jurisdiction. [Laws 1915, p. 318, sec. 15.]

All concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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