Legal Opinion

Western Tie & Timber Co. v. Naylor Drainage District Co.

Supreme Court of Missouri

Decided March 15, 1910PublishedCited by 8 opinions

Appeal from Ripley Circuit Court. — Hon. Henry G. Riley, Judge. (1) The trial in the circuit court was de novo and appellant had the right to there present all questions here argued. King’s Lake District v. Jamison, 176 Mo. 562; R. S. 1899, sees. 3318, 3334. (2) The county court acquired no jurisdiction to establish the drain. a. The affidavit for publication to non-resident landowners, was not sufficient to justify an order of publication.

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Appeal from Ripley Circuit Court. — Hon. Henry G. Riley, Judge. (1) The trial in the circuit court was de novo and appellant had the right to there present all questions here argued. King’s Lake District v. Jamison, 176 Mo. 562; R. S. 1899, sees. 3318, 3334. (2) The county court acquired no jurisdiction to establish the drain. a. The affidavit for publication to non-resident landowners, was not sufficient to justify an order of publication. R. S. 1899, sec. 8286; Harness v. Cravens, 126 Mo. 247; Schell v. Leland, 45 Id. 292; Tooker v. Leake, 146 Id. 431; Crossland v. Admire, 149 Id. 656;…

1Opinion of the CourtBurgess, J.

This proceeding was instituted in the county court of Ripley county, under article 4, chapter 122, Revised Statutes 1899, and the various amendments thereto, for the purpose of organizing a drainage district, designated “Naylor Drainage District No. 1.”

The petition was in the usual form and conformed to the requirements of said article, and was brought to the November term, 1902, of said court. The petition was accompanied by a statutory bond to secure the costs of the proceedings. Thereupon the county court, in compliance with section 8290, Revised Statutes 1899, made an order appointing…

2Cases cited2 opinions

  1. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  2. Drainage District No. 4 v. Wabash RailroadSupreme Court of Missouri · 1909

3Cited by8 opinions

  1. State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
  2. Buschling v. AckleySupreme Court of Missouri · 1917
  3. Johnston v. RaganSupreme Court of Missouri · 1915
  4. Western Tie & Timber Co. v. PulliamSupreme Court of Missouri · 1911
  5. Knox v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1918

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