County of St. Louis v. Lind
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The appeal being regularly and properly taken for the purpose of a trial de dovo in the Circuit Court, appellants were entitled to it. Appeals from the County Court are governed by the same rules as those from justices of the peace, in which the trials in the Circuit Court are de novo.
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Appeal from St. Louis Circuit Court. I. The appeal being regularly and properly taken for the purpose of a trial de dovo in the Circuit Court, appellants were entitled to it. Appeals from the County Court are governed by the same rules as those from justices of the peace, in which the trials in the Circuit Court are de novo. (Gen. Stat. 1865, chap. 136, p. 550, § 2, fourth clause.) There is no express or separate provision in the statutes prescribing how appeals from the County Court shall be taken, or prosecuted when taken. Wherever referred to in the statutes, they are almost invariably…
1Opinion of the CourtEagg, Judge
This was a proceeding instituted under the provisions of section thirteen of an act entitled “An act about roads in St. Louis county,” approved March 10, 1849. It was commenced in the County Court of St. Louis for the purpose of having a certain quarry, the property of James Clemens, Jr., condemned for the use of the county in repairing a certain road mentioned in the application. A jury was summoned, as the law required, and its action being approved by the County Court, an appeal to the Circuit Court was prosecuted by Clemens.
The only matter for consideration here is the correctness of an…
2Cases cited3 opinions
- Lacy v. WilliamsSupreme Court of Missouri · 1858
- Lewis v. NuckollsSupreme Court of Missouri · 1858
- County of St. Louis v. SparksSupreme Court of Missouri · 1847
3Cited by7 opinions
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- McVey v. McVeySupreme Court of Missouri · 1873
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- Lind v. ClemensSupreme Court of Missouri · 1869
- State ex rel. Harrah v. CauthornMissouri Court of Appeals · 1890
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