Hughes v. Mermod
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The judgment is erroneous, and the circuit court erred in overruling the motion in arrest of judgment because, upon a road being marked out and surveyed, as prayed for in a petition, to establish a public road, and an assessment of benefits and damages occasioned by the establishment of such road made pursuant to the order of the court, a part only of ■such road can not be established as a public…
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The judgment is erroneous, and the circuit court erred in overruling the motion in arrest of judgment because, upon a road being marked out and surveyed, as prayed for in a petition, to establish a public road, and an assessment of benefits and damages occasioned by the establishment of such road made pursuant to the order of the court, a part only of ■such road can not be established as a public highway. Damrell v. Board, 40 Cal. 154; Brannan v. Mecklen-burg, 49 Cal. 672; Robinson v. Logan, 31 Ohio St. 466; People…
1Opinion of the CourtBurgess, J.
Respondents presented their petition to the county court of St. Louis county to establish a county road, sixty feet wide, conjointly with the town of Kirkwood, on the dividing line between said town and said county, one-half of said road, being thirty feet wide, being within said town, and a similar width in said county. The court made an order of record ordering the commissioner of roads and bridges to view, survey and mark out said road, and take relin-quishments and make report thereof at the next ensuing term. On receiving the report of the commissioner, the county court appointed…
2Cases cited12 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Anderson v. PembertonSupreme Court of Missouri · 1886
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3Cited by4 opinions
- Terry v. McClungSupreme Court of Virginia · 1905
- State Ex Rel. Reynolds County v. RidenMissouri Court of Appeals · 1981
- Shively v. LankfordSupreme Court of Missouri · 1903
- Turlow v. RossSupreme Court of Missouri · 1898