King's Lake Drainage & Levee District v. Jamison
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Jas. E. Withrow, Judge. (1) (a) No appeal lies from order of county court establishing district and approving report of commissioners, and, therefore the court had no jurisdiction to hear this- appeal, (b) Appeal is allowed only where the circuit court can give such judgment as the county court should have given, and nowhere is the circuit court in this State given authority to establish drainage districts. 'Bean v. Barton…
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Appeal from St. Louis City Circuit Court.— Hon. Jas. E. Withrow, Judge. (1) (a) No appeal lies from order of county court establishing district and approving report of commissioners, and, therefore the court had no jurisdiction to hear this- appeal, (b) Appeal is allowed only where the circuit court can give such judgment as the county court should have given, and nowhere is the circuit court in this State given authority to establish drainage districts. 'Bean v. Barton County Court, 33 Mo. App. 644; Aldridge v. Spears, 40 Mo. App. 530; Poster v. Dunklin County, 44 Mo. 216; In re Saline…
1Opinion of the CourtMarshall, J.
This is a proceeding to establish a, drainage and levee district, under the provisions of the Act of 1893 (Laws 1893, p. 188), being now article 5, of chapter 122 (R. S.) 1899, sections 8318, et seq. The proceeding was commenced in the county court of Lincoln county. The land proposed to be included in the drainage district lies partly in Lincoln county and partly in Pike county, the larger part being in Lincoln county. A petition purporting to be signed by the “adult owners of more than one-half of the lands thereinafter described” was presented to the county court, accompanied by an…
2Cases cited18 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
- Rose v. BatesSupreme Court of Missouri · 1848
- Freleigh v. StateSupreme Court of Missouri · 1844
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3Cited by21 opinions
- State ex rel. Heimburger v. WellsSupreme Court of Missouri · 1908
- Buschling v. AckleySupreme Court of Missouri · 1917
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1911
- Seaman v. Cap-Au-Gris Levee DistrictSupreme Court of Missouri · 1909
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
16 more not listed; retrieve them via the Exa API.