Aldridge v. Spears
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The petition, being both for the vacation ol an existing public road and the establishment of a new-public road, was such a misjoinder that the court acquired no jurisdiction for either purpose.
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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The petition, being both for the vacation ol an existing public road and the establishment of a new-public road, was such a misjoinder that the court acquired no jurisdiction for either purpose. Laws of 1883, pp. 158, 164. (2) The court acquired no jurisdiction because the petition failed to definitely specify the “beginning, course and termination” of the new road, and failed to name at least “two points on the direction of said road,” and failed to set forth the width of the road, and the judgment is void on its face for the…
1Opinion of the CourtBlack, J.
Aldridge and others petitioned the county court of Pettis county at its November term, 1886, for the establishment of a new road and the vacation of an old one. Upon consideration of the petition and the remonstrances filed by the objectors, the court found that the opening of a new road, and the change of the old one as prayed for, was not a public necessity, and refused to make an order directing the road commissioner to survey the route of the proposed road and refused to vacate the old one. The petitioners appealed to the circuit court. That court proceeded to hear the case anew on the…
2Cases cited6 opinions
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- City of Savannah v. HancockSupreme Court of Missouri · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- Anderson v. PembertonSupreme Court of Missouri · 1886
- State ex rel. Baublits v. County Court of Nodaway CountySupreme Court of Missouri · 1883
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3Cited by22 opinions
- Kansas City v. LiebiSupreme Court of Missouri · 1923
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- City of Kirkwood v. VenableSupreme Court of Missouri · 1943
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
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