Hall v. DeArmond
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) The circuit court had jurisd'ctionon appeal to try,this case. R. S. 1889, secs. 3434, 3318. There is no express prohibition of appeal by law in cases of this kind. (2) The judgment of the county court incorporating the city of Edgerton was not a legislative but a. judicial act. 1 Dillon, Mun.
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Appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) The circuit court had jurisd'ctionon appeal to try,this case. R. S. 1889, secs. 3434, 3318. There is no express prohibition of appeal by law in cases of this kind. (2) The judgment of the county court incorporating the city of Edgerton was not a legislative but a. judicial act. 1 Dillon, Mun. Corp. [4 Ed. 1890] 265, foot note 3, page 72, foot note (Missouri); Kay ser v. Trustees of Bremen, 16 Mo. 91 ; State ex rel. v. Wilcox, 45 Mo. 463; Lamment v. Lidwell, 62 Mo. 191; Const. Mo. 1875, art. 3 ; Const. Mo. 1875, secs.…
1Opinion of the CourtEllison, J.
This is a proceeding begun in the county court of Platte county under section 977, Revised Statutes, 1889, to incorporate the town of Edgerton. The petition was granted, and an order entered incorporating the town as prayed. Certain parties interested in the lands included within the limits of the town remonstrated with the county court, and on the petition being allowed they appealed to the circuit court of Platte county. The latter court dismissed the appeal for want of jurisdiction, and the sole question here is, is there an appeal from the order of the county court incorporating a town…
2Cases cited4 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Woods ex rel. Rogers v. HenrySupreme Court of Missouri · 1874
- Aldridge v. SpearsMissouri Court of Appeals · 1889
- Watson v. County of St. LouisSupreme Court of Missouri · 1852
3Cited by5 opinions
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- In Re the Disincorporation of the City of KinlochSupreme Court of Missouri · 1951
- In Re City of UniondaleSupreme Court of Missouri · 1920
- Village of Grandview v. McElroyMissouri Court of Appeals · 1928
- State ex rel. Sutton v. WiethauptMissouri Court of Appeals · 1910