Legal Opinion

State ex rel. Jones v. Chariton Drainage District No. One

Supreme Court of Missouri

Decided July 10, 1913PublishedCited by 20 opinions

Error to Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1) Full and complete power and authority is expressly conferred by law upon Chariton Drainage District No. 1 and the hoard of commissioners thereof to construct and maintain a bridge at the place described in plaintiff’s petition.

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Error to Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1) Full and complete power and authority is expressly conferred by law upon Chariton Drainage District No. 1 and the hoard of commissioners thereof to construct and maintain a bridge at the place described in plaintiff’s petition. See. 5511, E. S. 1909; Laws 1911, p. 211; Secs. 5516, 5519, 5526, 5503, 5505, E. S. 1909. In other States similar statutes have been construed to mean that roads and highways must be assessed according to damage and benefits the same as other property in the district. Spring Creek Drainage Dist. y. Elgin,…

1Opinion of the CourtWoodson, J.

This is an equitable proceeding instituted by the State, at the relation of the prosecuting attorney of Macon county, against Chariton Drainage District No. 1 et al., seeking a mandatory injunction against the defendants,' enjoining an obstruction in a public road, in said county, and requiring the defendants to construct a bridge across the «drainage ditch of defendant company where it crosses said public road.

Since the case below passed off on a demurrer to the petition, it becomes necessary to set it out in the statement of the case. It is as follows:

“Be it remembered that Ed S. Jones,…

2Cases cited2 opinions

  1. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  2. State ex inf. Major v. AmickSupreme Court of Missouri · 1912

3Cited by20 opinions

  1. State v. City of AustinTexas Supreme Court · 1960
  2. State Ex Rel. City of Albuquerque v. LavenderNew Mexico Supreme Court · 1961
  3. State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
  4. State ex rel. Caruthers v. Little River Drainage DistrictSupreme Court of Missouri · 1917
  5. Dillen v. RemleyMissouri Court of Appeals · 1959

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