# Pace v. City of Hannibal

> Supreme Court of Missouri · November 20, 1984 · 680 S.W.2d 944

URL: https://www.frixlaw.com/law-library/cases/9776054

## Case

- **Full name:** George H. PACE, Et. Al., Respondents-Appellants, v. CITY OF HANNIBAL, Missouri, a Municipal Corporation, Appellant-Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** November 20, 1984
- **Citations:** 680 S.W.2d 944; 1984 Mo. LEXIS 275
- **Precedential status:** Published
- **Opinion:** Dissent by Billings
- **Judges:** Blackmar, Welliyer, Higgins, Gunn, Donnelly, Billings
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776054

## Opinion text

BILLINGS, Judge,
dissenting.
The principal opinion squarely recognizes there is a “question of jurisdiction” for this Court to entertain this appeal under Art. V, § 3, of the Missouri Constitution, but, nevertheless, concludes that because “the parties have come here in good faith to brief and argue the case, we elect to assume jurisdiction”, relying upon Foremost-McKesson, Inc. v. Davis, 488 S.W.2d 193 (Mo. banc 1972).
The jurisdiction of this Court is carefully delineated to certain specifically described classes of cases and the instant appeal falls beyond the narrow scope of our jurisdiction as found in the Constitution. Consequently, jurisdiction of this appeal is in the court of appeals and we should not, under the guise of the “general interest and importance” rubric found in Foremost-McKes-son, reach out to take or elect to assume jurisdiction of appeals which the Constitution directs elsewhere. To do so, in my view, flies in the face of the clear provisions of the Constitution we are charged with following. The fact that we are the court of last resort does not and should not give us that license. ⅞
I would transfer the appeal to the court of appeals as provided by Art. V, § 11, Mo .Const.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776054. Public record. Not legal advice.