Legal Opinion

Barnes v. Missouri Valley Construction Co.

Supreme Court of Missouri

Decided April 2, 1914PublishedCited by 13 opinions

Appeal from Buchanan Circuit Court. — Hon. Thomas J. Seehorn, Judge. The decree and judgment rendered hy the circuit court in this case, dissolving the temporary writ of injunction and .finding in favor of the respondents is erroneous, not sustained By^the law or the facts in the case, and should be reversed.

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Appeal from Buchanan Circuit Court. — Hon. Thomas J. Seehorn, Judge. The decree and judgment rendered hy the circuit court in this case, dissolving the temporary writ of injunction and .finding in favor of the respondents is erroneous, not sustained By^the law or the facts in the case, and should be reversed. (1) The order made by the county court on December 11, 1911, was and is without authority of law, and said court had no jurisdictional right to make said order, (a) On November 2, 1908', Silas Berry and others filed what they claim to be a petition asking for the formation of a drainage…

1Opinion of the CourtBrown, J.

Equity in the circuit court of Buchanan county to restrain defendants from constructing a.drainage ditch through lands claimed by plaintiffs. From a judgment dismissing plaintiff’s bill they appeal to this court.

Plaintiff’s petition does not so indicate, but it is disclosed by other parts of the record, that this litigation arose out of an order of the county court of Platte county organizing Drainage District No. 1 in said county, and in attempting to cause the construction of a ditch about five miles long, which ditch is intended to straighten the channel of Sugar creek and carry the waters…

2Cases cited11 opinions

  1. Kane v. McCownSupreme Court of Missouri · 1874
  2. Johnson v. United Railways Co.Supreme Court of Missouri · 1910
  3. Catholic Church v. TobbeinSupreme Court of Missouri · 1884
  4. State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
  5. State v. FullerSupreme Court of Missouri · 1888

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3Cited by13 opinions

  1. State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
  2. Fetzer v. JohnsonCourt of Appeals for the Eighth Circuit · 1926
  3. State Ex Inf. McAllister Ex Rel. Manion v. Albany Drainage DistrictSupreme Court of Missouri · 1921
  4. State Ex Rel. Scott v. TrimbleSupreme Court of Missouri · 1925
  5. MacOn County Levee District No. 1 v. GoodsonMissouri Court of Appeals · 1929

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