State v. Baldridge
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — IIon. John E. Ryland, Judge. The condemnation proceedings to establish the-public road that the defendant is charged with obstructing are absolutely void. Then no public road coiild be-established by reason of said proceedings. No dedication of any road. No public road established by prescription over Mrs. Emerson’s land, where the-defendant is charged with obstructing a public road.
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Appeal from the LaFayette Circuit Court. — IIon. John E. Ryland, Judge. The condemnation proceedings to establish the-public road that the defendant is charged with obstructing are absolutely void. Then no public road coiild be-established by reason of said proceedings. No dedication of any road. No public road established by prescription over Mrs. Emerson’s land, where the-defendant is charged with obstructing a public road. No road-had been used by the public for ten consecutive-years, and public labor or money expended thereon. The public must have used the ro ad for ten consecutive years…
1Opinion of the CourtEllison, J.
— Defendant was indicted, tried and convicted for obstructing a public road in LaFayette*417county. The defense seems to be principally based upon the fact that the proceedings in the county court for the opening and establishing the road in the first instance were so irregular as to render them absolutely void. The instructions offered for defendant are principally in support of such view, the court being therein asked to declare that, if the irregularities mentioned in the instructions were found by the court to exist, then defendant must be declared not guilty. In other words, defendant’s idea…
2Cases cited3 opinions
- State v. WaltersSupreme Court of Missouri · 1879
- State v. WellsSupreme Court of Missouri · 1879
- State v. ProctorSupreme Court of Missouri · 1886
3Cited by1 opinion
- State v. HoodMissouri Court of Appeals · 1910