State v. Moniteau County Court
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. James E. Hazell, Judge. (1) The defendants in their return to the petition set up a complete defense to relator’s action.
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Appeal from Moniteau Circuit Court. — Hon. James E. Hazell, Judge. (1) The defendants in their return to the petition set up a complete defense to relator’s action. The proposed new road was not legally located unless it was laid out over safe and permanent land; Section 9422, E. S. 1899, nor unless all the requirements of the law governing the subject and for condemning private property for public use were strictly complied with, and unless this was done, the defendant court had no jurisdiction of the matter in the first instance. Spurgeon v. Bartlett, 56 Mo. App. 349; Anderson v. Pemberton,…
1Opinion of the CourtBroaddus, P. J.
— This is a proceeding for a mandamus to compel the county court of- Moniteau county to issue to relator a county warrant for his damages assessed by reason of the appropriation of certain of his lands for a public road in pursuance of section 9422, Revised Statutes 1899. The appellant waived the issue of an alternative writ and the case was heard upon the allegations of the petition and appellant’s answer in the nature of a return to a writ.
For his cause of action the relator alleges substantially that a bank of Moreau creek caved in and thereby a part of the Moreau church road washed away;…
2Cases cited3 opinions
- Bean v. County CourtMissouri Court of Appeals · 1889
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- State ex rel. Jacobi v. HeegeMissouri Court of Appeals · 1890