Jasper v. McNeley
Missouri Court of Appeals
Appeal from the Dade Circuit' Court. — Hon. D. P.. Stratton, Judge. (1) There is ho tfestimony in this ease showing-any act on the part of Judge Walker to dedicate this strip to the public but everything on the other hand, negatives the idea and shows that he laid out the town of' Everton and had it platted as shown by the plat, with this strip closed up by mark, showing it was not. the intention to leave it open. Baker v. Vanderberg,. 99 Mo. 378; Landusv.
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Appeal from the Dade Circuit' Court. — Hon. D. P.. Stratton, Judge. (1) There is ho tfestimony in this ease showing-any act on the part of Judge Walker to dedicate this strip to the public but everything on the other hand, negatives the idea and shows that he laid out the town of' Everton and had it platted as shown by the plat, with this strip closed up by mark, showing it was not. the intention to leave it open. Baker v. Vanderberg,. 99 Mo. 378; Landusv. Hamilton, 77 Mo. 554; Putnam v. Walker, 37 Mo. 600; Nelson v. Nelson, 41 Mo. App. 130; 5 American and English Enclyclopsedia of Law, p.…
1Opinion of the CourtSmith, P. J.
— This is a suit for an injunction. 'The petition alleged that he was the owner of certain lots in Wilson’s addition in the town of Everton on the west side of what is known as Main street and having ■a froDtage thereon of seventy-five feet and on which said lots is a dwelling house and appurtenances used for a family residence; that at the time plaintiff bought 'this property and for many years before that time there was an opening on the east side of said property seven‘ty-five feet wide, which was used, occupied, worked, •cared for and treated as said Main street in the town of Everton,…
2Cases cited12 opinions
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Rutherford v. TaylorSupreme Court of Missouri · 1866
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- State v. WaltersSupreme Court of Missouri · 1879
- Price v. Inhabitants of BreckenridgeSupreme Court of Missouri · 1887
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3Cited by3 opinions
- McFarland v. LindekugelWisconsin Supreme Court · 1900
- Szombathy v. City of BerkeleySupreme Court of Missouri · 1955
- Schmidt v. BerghausMissouri Court of Appeals · 1920