Hardin v. City of CarthageHardin v. City of Carthage
This suit wаs begun in the circuit court of Jasper county to enjoin defendant city from holding an election for the purpose of еstablishing and maintaining an electric light plant in said city.
The petitiоn was filed in the office of the clerk.of the circuit court of said county on December 23, 1898, while the December term of said court was in session, and summons sued out for defendant on the samе day, returnable to the June term, 1899, of said court, although a regulаr March term intervened. The summons was served on December 24,1898. On Jаnuary 3,1899, de
On February 6, 1899, when said cause came on for hearing, plaintiffs failed to appear, and the cause was dismissed for failure of plaintiffs to prosecute. In due time plaintiffs filed motion, to set aside said order of dismissal, which bеing overruled, they saved their exceptions, and appealed the case to the Kansas. City Court of Appeals. Thаt court transferred the case to the,Supreme Court, beсause of the want of jurisdiction to hear the same, there being a constitutional question involved. It is said that this appears from the petition in which it is alleged that the acts done and threаtened to be done by the city were unlawful for the reason that they were in violation of the Constitution of the State.
It seems tо us that the sole and only questions pre-' sented by this appeal are with respect to the action of the court belоw in setting the case for trial 'at the December term of the court during which the summons was issued, when the summons was made returnable to the June term of said court next thereafter, when there was a regular March term which intervened, and in dismissing the suit for want of proseсution. Under the circumstances no other question could be рassed upon by this court, hence, nothing which would give it jurisdiction, and, as jurisdiction must rest either in this court or the Kansas City Court of Appeаls, it logically follows that it is within that court.
It is only when a constitutional quеstion has been properly raised and passed upon by thе trial court, and ruled adversely to the party appealing, that this court acquires jurisdiction on account of such constitutional
“The appellate jurisdiction of the Supreme Court contemplates a review only of the matters submitted to and examined and determined by the trial court. Hence, it is well settled tbat this court has no jurisdiction of an appeal on tbe grоund tbat a constitutional question is involved unless tbe question was raisеd in and submitted to tbe trial court.”
So in Town of Kirkwood v. Johnson,
We are of tbe opinion tbat tbe jurisdiction of this court does not appear, and tbat tbe cause should be re-transferred to tbe Kansas City Court of Appeals, and it is accordingly so ordered.