OSMENT
v.
PITCAIRN ET AL., RECEIVERS

U.S. | 1942-10-12
No. 140
317 U.S. 587 Supreme Court of the United States (1942) Caution
Also reported at: 317 U.S. 624
Cited by 6 cases
Per_curiam
Per Curiam:

Per Curiam:

The last clause of § 4 of the 1890 amendments to Article VI of the Missouri constitution provides that “when a division [of the Supreme Court of Missouri] in which a cause is pending shall so order, the cause shall be transferred to the court for its decision.” In Scheufler v. Manufacturing Lumbermen’s Underwriters, decided July 7, 1942, the Supreme Court of Missouri stated that under this clause “either division, on application or its own motion and for reasons deemed sufficient though not enumerated in the section, may order a cause transferred to the court en banc.” 349 Mo. 855, 857; 163 S. W. 2d 749, 750. In this case petitioner made no application to transfer the cause from Division Two, where it was heard and decided, to the court en banc. As it does not appear that petitioner has exhausted the appellate review provided by state law, the petition for certiorari must be denied for want of jurisdiction. Gorman v. Washington University, 316 U. S. 98, and cases cited.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Burlington Truck Lines, Inc. v. United States, 371 U.S. 156 (U.S. 1962)
    …which the appellees rely upon that holds that additional certification is the normal and permissible way to deal with generalized inadequacy in service. See, e. g., Davidson Transfer Co. v. United States, 42 F. Supp. 215, 219-220 (E. D. Pa.), aff’d, 317 U. S. 587.13 When, as here, the particular deviations from an otherwise completely adequate service (which has economic need for the traffic) consist solely of illegal and discriminatory refusals to accept or deliver traffic from or to particular carriers or…
  • Local 174 v. Lucas Flour Co., 369 U.S. 95 (U.S. 1962)
    …orted by the record. Therefore, the rule that the judgment of the trial court will be sustained on any theory established by the pleadings and supported by the proof is applicable.” 57 Wash. 2d, at 103, 356 P. 2d, at 6. See also Osment v. Pitcairn, 317 U. S. 587. Article IV, §2 of the state constitution provides, in pertinent part, “The legislature may increase the number of judges of the supreme court from time to time and may provide for separate departments of said court.” Revised Code of Washington, §…
  • Kelley v. Swenson, 481 F.2d 86 (8th Cir. 1973)
    …banc hearing but since such issue is raised by the State, we feel that it must be met. The State’s contention is based principally upon Gorman v. Washington University, 316 U.S. 98, 62 S.Ct. 962, 86 L. Ed. 1300 (1942). See also Osment v. Pitcairn, 317 U.S. 587, 63 S.Ct. 21, 87 L.Ed. 481 (1942). Under §§ 1 and 4 of Article VI of the 1890 amendments to the Missouri Constitution, “when a federal question is involved, the cause, on the application of the losing party, shall be transferred to the court for its…

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