Platte County Court v. McFarland
Supreme Court of Missouri
ERROR TO PLATTE CIRCUIT COURT. 1st. The decision oT said county court was not and is not such a decision as will legally entitle a writ of error to lie from the circuit to the county court thereon. It was not and is not a judgment at all, and is no bar to the future presentation and reception of the same report by said county court. See Easton vs. Chambers 1 M. Up. 135. 2d.
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ERROR TO PLATTE CIRCUIT COURT. 1st. The decision oT said county court was not and is not such a decision as will legally entitle a writ of error to lie from the circuit to the county court thereon. It was not and is not a judgment at all, and is no bar to the future presentation and reception of the same report by said county court. See Easton vs. Chambers 1 M. Up. 135. 2d. It was certainly cruel thus to create a case in the circuit court against the £‘ Platte county court,” and it was evidently wrong to render judgment against defendant for an error of judgment, supposing one to have been…
1Opinion of the Court
Scott, judge,
delivered the opinion of the court.
McFarland and others -being commissioners under an act of the last *168general assembly to survey and mark out a State road from Weston, in Platte county , to St. Joseph, in Buchanan county, made a report of' their proceedings to the county court of Platte county, and filed a report of their survey of the said road. This report for its alleged irregularity, was rejected by the court, and further- time was given to-the commissioners to make a report. On the coming on of this report certain objectors resisted it, and the court again refused to receive…
2Cited by5 opinions
- State ex rel. Baker v. FrakerSupreme Court of Missouri · 1901
- State ex rel. Horstman v. County CourtMissouri Court of Appeals · 1887
- State ex rel. Lashly v. WurdemanMissouri Court of Appeals · 1914
- Bethune and Co. v. GibsonSupreme Court of South Carolina · 1807
- State ex rel. Lashly v. WurdemanMissouri Court of Appeals · 1914