Sullivan v. Kirkpatrick
Missouri Court of Appeals
Appeal from Wright Circuit Court. — Hon. C. H. Skinker, Judge. (1) The records of the county court relating to the establishment of the road are regular and, in due form in all respects. R. S. 1909, sec. 10447-10453; Fitzmaurice v. Turney, 214 Mo. 630. (2) Where the record is silent, as to jurisdictional recitals the proper antecedent steps will be presumed. Hadley v. Bernero, 103 Mo.
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Appeal from Wright Circuit Court. — Hon. C. H. Skinker, Judge. (1) The records of the county court relating to the establishment of the road are regular and, in due form in all respects. R. S. 1909, sec. 10447-10453; Fitzmaurice v. Turney, 214 Mo. 630. (2) Where the record is silent, as to jurisdictional recitals the proper antecedent steps will be presumed. Hadley v. Bernero, 103 Mo. App. 549; State v. Batey, 166 Mo. 561. (3) Defendant being in court was chargeable with notice of the judgment and all its recitals and of the time in which he was required to vacate the land condemned for the…
1Opinion of the CourtRobertson, P. J.
Plaintiff instituted this suit in the circuit court alleging in his petition that the county court of Wright county by appropriate proceedings, in which he was petitioner, at its November term, 1911, ordered a private roadwáy to be opened up across the premises of the defendant before the 15th day of November, 1911, pursuant to the provisions of section 10447, et seq., and that the defendant failed from said 15th day of November, 1911, until the 17th day of January, 1912, to open the road, and sought to recover the penalty provided for in section 10454.
To this petition the defendant filed his…
2Cases cited3 opinions
- Engler v. KnoblaughMissouri Court of Appeals · 1908
- Bassett v. HenryMissouri Court of Appeals · 1889
- Wilhite v. FerryMissouri Court of Appeals · 1896
3Cited by1 opinion
- Brunk v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1918