Little Tarkio Drainage District No. One v. Richardson
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hoot. Won. G. Ellison, Judge. (1) The proceedings under review were a continuation of the proceedings instituted to establish the drainage corporation. In those proceedings Judge Ellison had granted a change of venue and had disqualified himself, consequently he remained disqualified.
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Appeal from Holt Circuit Court. — Hoot. Won. G. Ellison, Judge. (1) The proceedings under review were a continuation of the proceedings instituted to establish the drainage corporation. In those proceedings Judge Ellison had granted a change of venue and had disqualified himself, consequently he remained disqualified. Coltrave v. Templeton, 106 Fed. 370; In re "Williams, 123 Fed. 321; Tabell v. Griggs, 3 Page (N. Y.) 207. (2) The court should have granted a hearing before a jury. R. S. 1909, secs. 5513, 5518, 2361. (3) Under the Constitution, the proceedings are invalid because by Sec. 5516,…
1Opinion of the CourtWoodson, J.
This is the second appeal of this case to this court. The opinion, delivered when the case was formerly here is reported in the 227 Mo. 252, which is referred to as-forming a part of the statement of this case.
The case was begun in the circuit court of Holt county, in 1908, by T. G. Quinby and others against the appellants and others, by which they sought to have a certain body of land situated in that county incorporated into a drainage district.
*54The appellants owned several hundred acres of land in that vicinity, a part of which was embraced within the boundaries of said district.
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2Cases cited19 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
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3Cited by18 opinions
- State Road Department v. TharpSupreme Court of Florida · 1941
- McGrew v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1913
- Wells v. State Highway CommissionSupreme Court of Missouri · 1973
- State Ex Rel. Hausgen v. AllenSupreme Court of Missouri · 1923
- Ferguson v. Pony Express Courier Corp.Missouri Court of Appeals · 1995
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