Long v. Talley
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — How. N. M. GtvaN, Judge. (1) It was essential to the jurisdiction of the circuit, as well as the county court, that three of the petitioners should have been, at the time of the presentation of the petition, of the immediate neighborhood of the proposed road.
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Appeal from Johnson Circuit Court. — How. N. M. GtvaN, Judge. (1) It was essential to the jurisdiction of the circuit, as well as the county court, that three of the petitioners should have been, at the time of the presentation of the petition, of the immediate neighborhood of the proposed road. Laws 1883, sec. 5, p. 153; W7iitely v. Platte Co., 73 Mo. 30; Jefferson Co. v. Cowan, 54 Mo. 234; Colville v. Judy, 76 Mo. 654; Anderson v. Pem-berton, 89 Mo. 61. The term immediate neighborhood, as used in this statute, means that three of the petitioners must be of that’ part of the neighborhood…
1Opinion of the CourtSherwood, J.
This litigation grows out of establishing a public road in Johnson county.
I. Looking over the evidence in the cause, I see no reason to doubt the correctness of the conclusion reached, both in the county and in the circuit court, that three of the petitioners lived in the “immediate neighborhood” of the proposed road, in the sense those words are employed in the statute. On this point, evidence was adduced, pro and con., in the county court, and again in the circuit court, and the finding in this regard should not be disturbed. And it was admitted that the petition was signed by twelve…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Cattell v. Dispatch Publishing Co.Supreme Court of Missouri · 1885
- Colville v. JudySupreme Court of Missouri · 1881
- Woodrow v. YoungerSupreme Court of Missouri · 1875
3Cited by7 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- In re WooldridgeMissouri Court of Appeals · 1888
- Walker v. SundermeyerSupreme Court of Missouri · 1917
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
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