Bennett v. Hall
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Row. Nat. M. Shelton, Judge. (1) Asa matter of fact every statutory and jurisdictional requirement was stricly complied with by the petitioners in this case throughout the entire proceedings. The only omission-.was made by the county clerk in his minutes.
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Appeal from Macon Circuit Court. — Row. Nat. M. Shelton, Judge. (1) Asa matter of fact every statutory and jurisdictional requirement was stricly complied with by the petitioners in this case throughout the entire proceedings. The only omission-.was made by the county clerk in his minutes. R.S. 1899, secs. 9414, 9415, 9416, 9417, 9418. (2) The nunc pro tunc entry made on the 26th day of February, 1900, was made before final judgment establishing and opening the road, and the making of this order was within the discretion of the court, and when made it cured all defects and omissions, if any,…
1Opinion of the CourtValliant, J.
This is a statutory proceeding to open and establish a public road in Eandolph county. The petition for the road, together with evidence that notice as required by the statute had been posted, was presented to the county court, November 28, 1898, and at the same time a remonstrance by respondent Hall and others was filed. The matter was laid over until the next day when it was taken up by the court, the evidence for and against the petition heard, and the conclusion reached that the proposed road was a public necessity and practicable, and the' Eoad and Bridge Commissioner was ordered to…
2Cases cited4 opinions
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Daugherty v. BrownSupreme Court of Missouri · 1886
- Bensley v. HaeberleMissouri Court of Appeals · 1886
- Baker v. HenrySupreme Court of Missouri · 1876
3Cited by15 opinions
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1906
- Morris v. KarrSupreme Court of Missouri · 1938
- Osburn v. Supreme Express & Transfer Co.Missouri Court of Appeals · 1979
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
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