Seafield v. Bohne
Supreme Court of Missouri
Appeal from Dade Circuit Court. — Hon. D. P. Stratton> Judge. (1) In this case, respondent in bis petition makes the simple general averment, “that he will be irreparably damaged,” if the proposed road is opened up through his lands; he neither pleads nor did he offer any evidence at the trial, tending to show “how, in what way, and for what reason the threatened damages were irreparable;” and the request of appellants for judgment on tbe law, pleadings and evidence, at tbe…
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Appeal from Dade Circuit Court. — Hon. D. P. Stratton> Judge. (1) In this case, respondent in bis petition makes the simple general averment, “that he will be irreparably damaged,” if the proposed road is opened up through his lands; he neither pleads nor did he offer any evidence at the trial, tending to show “how, in what way, and for what reason the threatened damages were irreparable;” and the request of appellants for judgment on tbe law, pleadings and evidence, at tbe close of'tbe evidence in tbe trial court, should bave been granted. McXinzie v. Matbews, 59 Mo-. 99; McPike v. West, 71…
1Opinion of the Court
VALLIANT, J.-
— This is a suit in equity to enjoin tbe defendants, who are the judges of the county court of Dade county and the road commissioner of Lockwood township of that county, from opening a public road through plaintiff’s, land. Tbe material statements in tbe petition are to tbe effect: Tbat tbe county corn’t made an order to open a public road through plaintiff’s land and tbe defendant road commissioner is proceeding to- execute the order. That the court was without- jurisdiction and tbe order void for several reasons : first, tbe notice- required by law of tbe intended application…
2Cases cited9 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- Leslie v. City of St. LouisSupreme Court of Missouri · 1871
- Anderson v. PembertonSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1910
- Smith v. YoungMissouri Court of Appeals · 1909
- State ex inf. Killam ex rel. Higginbotham v. ColbertSupreme Court of Missouri · 1918
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
10 more not listed; retrieve them via the Exa API.