Summers v. Cordell
Missouri Court of Appeals
Appeal from Howell County Circuit Court. — Eon. W. N. Evans, Judge. (1) Injunction will lie to prevent the opening of a road on a void, order. Carpenter v. Grisham, 59 Mo. 247; Jones v. Zink, 65 Mo. App. 409; Spurlock v. Dor-nan, 182 Mo. 242. (2) Every jurisdictional fact must appear on the face of the record. Spurlock v. Dornan, 182 Mo. 242; Jones v. Zink, 65 Mo.
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Appeal from Howell County Circuit Court. — Eon. W. N. Evans, Judge. (1) Injunction will lie to prevent the opening of a road on a void, order. Carpenter v. Grisham, 59 Mo. 247; Jones v. Zink, 65 Mo. App. 409; Spurlock v. Dor-nan, 182 Mo. 242. (2) Every jurisdictional fact must appear on the face of the record. Spurlock v. Dornan, 182 Mo. 242; Jones v. Zink, 65 Mo. App. 409. (3) Proceeding is void when record fails to show that commissioners were not of kin, not interested in the matter and are resident freeholders. Jones v. Zink, 65 Mo. App. 409; City of Tarkio v. Clark, .186 Mo. 298;…
1Opinion of the CourtFarrington, J.
On December 4, 1911, appellants filed their petition in the circuit court of Howell county against the respondents, Cordell, Yaughn and Ballew, as members of the county court, and Offield as road overseer, alleging that said county court had entered an order of record, ordering and establishing a new public road in Spring Creek township (describing the road), and requiring Offield as road overseer to open said road at the expiration of one hundred days from the date of such order; that plaintiffs are landowners along the proposed new public road and that éach refuses to give the right of way…
2Cases cited3 opinions
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- Monroe v. CrawfordSupreme Court of Missouri · 1901
- State ex rel. Galbraith v. McCutchanMissouri Court of Appeals · 1906