Mayes v. Palmer
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Eon. E. W.Jolm.son, Judge. : (1) Upon the expiration of the term of Judge Johnson, November 8, 1904, he no longer carried the proceeding had in this case at the previous October term in his breast and the trial should have been de novo at the December term.
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Appeal from Lincoln Circuit Court. — Eon. E. W.Jolm.son, Judge. : (1) Upon the expiration of the term of Judge Johnson, November 8, 1904, he no longer carried the proceeding had in this case at the previous October term in his breast and the trial should have been de novo at the December term. Clanton v. Ryan, 14 Colo. 419; Ellis v. Rector, 32 Mich. 379; State ex rel. v. Perkins, 139 Mo. 106; Connely v. Ashworth, 98 Cal. 205; Gordon v. Trainor, 92 N. Y. Supp. 321; Babcock v. ¡Wolf, 70 Iowa 576. (2) The question as ‘to the public necessity for a given highway is a legislative question…
1Opinion of the CourtWoodson, J.
This case originated in the county court of Lincoln county. Appellants filed their ■ petition in said court, asking for the establishment of a public road between the towns of Elsberry and Apex. The respondents, in due time, filed their remonstrance against the prayer of the petition. All jurisdictional steps in the case were properly taken and guarded. The county roád commissioner filed his report, as required by law, and respondents filed their written exceptions' thereto, and, after having heard both parties, • the exceptions were overruled and1 the road ordered established as prayed. The…
2Cases cited6 opinions
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- State v. GordonSupreme Court of Missouri · 1906
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
- Big Hollow Road v. BaileySupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex inf. Major v. AmickSupreme Court of Missouri · 1912
- State Ex Rel. Tummons v. CoxSupreme Court of Missouri · 1926
- Robertson v. McFarlandMissouri Court of Appeals · 1935