Shively v. Lankford
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Row. E. J. Broaddus, Judge. (1) When this proceeding was instituted there was no law in force in Daviess county authorizing a township hoard to entertain a petition to condemn land for road purposes. Laws 1893, p. 222, sec. 5; Laws 1897, p. 217; R. S. 1889, sec. 6594; Railroad v. Cass Co., 53 Mo. 17; State v. Dolan, 93 Mo. 467; Smith v. Jacobs, 77 Mo.
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Appeal from Daviess Circuit Court. — Row. E. J. Broaddus, Judge. (1) When this proceeding was instituted there was no law in force in Daviess county authorizing a township hoard to entertain a petition to condemn land for road purposes. Laws 1893, p. 222, sec. 5; Laws 1897, p. 217; R. S. 1889, sec. 6594; Railroad v. Cass Co., 53 Mo. 17; State v. Dolan, 93 Mo. 467; Smith v. Jacobs, 77 Mo. App. 254. (2) As the township board had no jurisdiction, an appeal to the county court conferred no jurisdiction on that body. Planing M. Co. v.-Short, 58 Mo. App. 320; Batchelor v. Bess, 22 Mo. App. 402. (3)…
1Opinion of the CourtGantt, P. J.
This proceeding was commenced by filing with the township board of Monroe township, in Daviess county, a petition to vacate a part of an old road and in lieu thereof establish a new road. The purpose of the alteration was apparently to have the road conform to Government lines and thus accommodate more people in the neighborhood.
The petition stated all the necessary jurisdictional facts, and the requisite notice was posted for more than twenty days. The proof of notice was made and the township board ordered the survey to be made by the county surveyor, and that relinquishments of right of…
2Cases cited13 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- State v. BurgdoerferSupreme Court of Missouri · 1891
- State ex rel. Simpson v. RappSupreme Court of Minnesota · 1888
- State v. Great Western Coffee & Tea Co.Missouri Court of Appeals · 1903
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3Cited by10 opinions
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- Thomas v. Boise CityIdaho Supreme Court · 1914
- Millsap v. QuinnSupreme Court of Missouri · 1990
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