State ex rel. Baublits v. County Court of Nodaway County
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. A motion for a new trial was unnecessary in this, case-O'Connor v. Koch, 56 Mo. 253; Bowie v. Kansas City, 51 Mo. 454; Funkhouser v. Mallen, 62 Mo. 555; Butler v. Lato-son,- 72 Mo. 227. Although the right to appeal is given by statute, yet a review by certiorari also lies.
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Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. A motion for a new trial was unnecessary in this, case-O'Connor v. Koch, 56 Mo. 253; Bowie v. Kansas City, 51 Mo. 454; Funkhouser v. Mallen, 62 Mo. 555; Butler v. Lato-son,- 72 Mo. 227. Although the right to appeal is given by statute, yet a review by certiorari also lies. The statutory provision for an appeal (if not unconstitutional) is so imperfect and imcomplete, that it in no manner affects the remedy by the common law writ of certiorari, and, even if the statutory provision for air appeal is ample and full, it does not…
1Opinion of the CourtHenry, J.
Relator had the record of the proceedings of" the county court of Nodaway county, "in the matter of opening a road in that county, returned to the circuit court on a writ of certiorari, and there filed his motion to quash the proceedings, which was overruled, and from the judgment he has prosecuted an appeal to this court.
The record of the county court is so voluminous, that I shall not incorporate it in this statement of the case. The alleged errors in the proceedings of that court, will sufficiently appear in what follows.
An appeal lies to the circuit court from the judgment of the county…
2Cited by6 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Ramsey v. PettengillOregon Supreme Court · 1886
- Webster v. SpindlerMissouri Court of Appeals · 1889
- State Ex Rel. Palmer v. ElliffSupreme Court of Missouri · 1933
- State ex rel. Combs v. StatenSupreme Court of Missouri · 1916
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