Legal Opinion

State ex rel. Combs v. Staten

Supreme Court of Missouri

Decided June 2, 1916PublishedCited by 3 opinions

Appeal from Vernon Circnit Court. — Hon. B. G. Thurman, Judge. (1) The matter of establishing a public road is in the nature of condemnation proceedings, strictly a statutory proceeding, and contrary to the course of the common law. The statute must be strictly complied with. Sec. 10435, R. S. 1909; Spurgeon v. Bartlett, 56 Mo.

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Appeal from Vernon Circnit Court. — Hon. B. G. Thurman, Judge. (1) The matter of establishing a public road is in the nature of condemnation proceedings, strictly a statutory proceeding, and contrary to the course of the common law. The statute must be strictly complied with. Sec. 10435, R. S. 1909; Spurgeon v. Bartlett, 56 Mo. App. 355; Anderson v. Pemberton, 89 Mo. 601; Railroad v. Kellogg, 54 Mo. 334; Jefferson County v. Cowan, 54 Mo. 234; Whitelet v. Platt County, 73 Mo. 30; Bennett v. Hall, 184 Mo. 407. Not one of the jurisdictional steps were taken by the court in this cause. Spurgeon…

1Opinion of the Court

RAILEY, C.

— On October 7, 1912, a petition for a writ of certiorari was filed in the circuit court of Vernon County, Missouri, which, without caption and the description of the proposed road, reads as follows:

“The relator herein, J. W. Combs, complains of the respondents, Jasper N. Staten, W. S. Creel and Jas. H. Catón, and for cause of action states that the respondents do now and did at all times hereinafter complained of, compose the county court of *291Vernon County, State of Missouri; and that on the ■-- day of October, 1911, it being the regular October term of the county court of said…

2Cases cited15 opinions

  1. Harding v. BedollSupreme Court of Missouri · 1907
  2. People v. LeavittMichigan Supreme Court · 1879
  3. State ex rel. Ballew v. WoodsonSupreme Court of Missouri · 1901
  4. State ex rel. Bentley v. ReynoldsSupreme Court of Missouri · 1905
  5. State v. SchneiderMissouri Court of Appeals · 1892

10 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Ex Rel. Barlow v. HoltcampSupreme Court of Missouri · 1929
  2. State Ex Rel. Palmer v. ElliffSupreme Court of Missouri · 1933
  3. State ex rel. Foster v. PriceMissouri Court of Appeals · 1968

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