State ex rel. Sears, Roebuck & Co. v. Haid

Full title: STATE EX REL. SEARS, ROEBUCK Co., a Corporation, Relator, v. GEORGE F…

Court: Supreme Court of Missouri, Division Two

Date published: Apr 20, 1933

60 S.W.2d 43 (Mo. 1933)

60 S.W.2d 43

Opinion

April 20, 1933.

The questions of law in this case are identical with those in State ex rel. Sears, Roebuck Co. v. Haid, 332 Mo. 701, 60 S.W.2d 41.

Certiorari.

OPINION OF THE COURT OF APPEALS QUASHED.

Bryan, Williams, Cave McPheeters for relator.

WESTHUES, C.

This is an original proceeding by certiorari against respondents, as judges of the St. Louis Court of Appeals, to quash the opinion in the case of William C. Wells et al. v. Sears, Roebuck Co., 51 S.W.2d 136. This is a companion case to that of Cook et al. v. Sears, Roebuck Co., 51 S.W.2d 134. The questions of law are identical in both cases. It has been stipulated in this court, as it was in the Court of Appeals, that this case should abide by the decision in the Cook case. In a proceeding by writ of certiorari this court quashed the opinion of the Court of Appeals in the Cook case. [See State ex rel. Sears, Roebuck Co. v. Haid, 332 Mo. 701, 60 S.W.2d 41.]

Therefore, under the stipulation, an order will be made in this case, as in case number 32390, and the opinion of the Court of Appeals quashed. It is so ordered. Cooley and Fitzsimmons, CC., concur.

PER CURIAM:

The foregoing opinion by WESTHUES, C., is adopted as the opinion of the court. Tipton, J., and Ellison, P.J., concur; Leedy, J., not sitting.