Clark v. Kilbride
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. (1) The appeal herein, from county court to circuit court, is governed by the law with relation to appeals from justices of the peace to circuit, courts. See. 4091, R. S. 1909; Fishery. Anderson, 101 Mo. 459>; (2) The appeal was taken from an order of the county, court, opening a new public road, and affidavit and bond was filed within ten days from the date of the rendition of the judgment appealed from.
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Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. (1) The appeal herein, from county court to circuit court, is governed by the law with relation to appeals from justices of the peace to circuit, courts. See. 4091, R. S. 1909; Fishery. Anderson, 101 Mo. 459>; (2) The appeal was taken from an order of the county, court, opening a new public road, and affidavit and bond was filed within ten days from the date of the rendition of the judgment appealed from. Sec. 10440, R. S. 1909. (3) No formal order granting the appeal was necessary; the filing of the' affidavit and bond within…
1Opinion of the Court
The respondents are petitioners and the appellants remonstrators in a proceeding begun February 2, 1914, in the County Court of Knox County, for the establishing of a public road. Final judgment establishing and opening the road was rendered November 7, 1914. On the same day, but after the adjournment of the court, remonstrators filed an affidavit for an appeal. On November 17, 1914, still in vacation of the court, they tendered to the clerk, and the clerk approved, an appeal bond which they thereupon filed. At an adjourned term, held December 23, 1914, the court made an order which, after…
2Cases cited4 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1911
- Williams v. KirbySupreme Court of Missouri · 1902
- Jester v. McKinneyMissouri Court of Appeals · 1891
3Cited by2 opinions
- Ross v. Conco Quarry, Inc.Missouri Court of Appeals · 1976
- Platte County v. LockeSupreme Court of Missouri · 1922