Legal Opinion

Sidwell v. Jett

Supreme Court of Missouri

Decided July 14, 1908PublishedCited by 13 opinions

Appeal from Pike Circuit Court. — Now. David N. Eby, Judge. The county court made the order opening the road February 15> 1904. Jett filed his affidavit and took his appeal from the order May 2, 1904, seventy-six days thereafter. The appeal was not taken within proper time. Secs. 1788, 4060, R. S. 1899; St. Louis v. Gunning Co., 138 Mo. 355; Robinson v. Walker, 45 Mo. 117; Kelm v. Hunkier, 491 Mo.

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Appeal from Pike Circuit Court. — Now. David N. Eby, Judge. The county court made the order opening the road February 15> 1904. Jett filed his affidavit and took his appeal from the order May 2, 1904, seventy-six days thereafter. The appeal was not taken within proper time. Secs. 1788, 4060, R. S. 1899; St. Louis v. Gunning Co., 138 Mo. 355; Robinson v. Walker, 45 Mo. 117; Kelm v. Hunkier, 491 Mo. App. 664; Moulder & Simpson v. Anderson, 63 Mo.- App. 34; Devore v. Staeckler, 491 Mo. App. 547. County courts have exclusive original jurisdiction of road cases. The circuit court has only…

1Opinion of the CourtGantt, J.

This is an appeal from a judgment of the circuit court of Pike county dismissing a proceeding to establish a public road in said county.

The proceeding began by the posting of notices of the presentation of the petition for said road as *604required by statute. Afterwards on February 2, 1903, tbe petition signed by Albert Sidwell, William Baker and twenty-three other resident freeholders of Buffalo and Quivre townships was presented to the county court and proof of the posting of the notices made. No remonstrance was filed and the county court, after hearing the evidence as to the utility of the…

2Cases cited2 opinions

  1. Bernicker v. MillerSupreme Court of Missouri · 1866
  2. Fisher v. AndersonSupreme Court of Missouri · 1890

3Cited by13 opinions

  1. State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
  2. State Ex Rel. McNary v. HaisSupreme Court of Missouri · 1984
  3. Ross v. Conco Quarry, Inc.Missouri Court of Appeals · 1976
  4. Kansas City Sanitary Co. v. Laclede CountySupreme Court of Missouri · 1925
  5. Ramsey v. HuckSupreme Court of Missouri · 1916

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