Legal Opinion

Daugherty v. Brown

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 19 opinions

Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court did not acquire jurisdiction in the original proceedings in the county court, because of the want of a notice of the intended application. The notice was not signed by any one, nor did it purport to have been given by authority. R. S. sec. 6936. A notice, required by the statute to be in writing, is insufficient when it is not signed. Eaton v. Supervisors, 42 Wis. 317; Towner v. Hemic, 19 Mo.

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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court did not acquire jurisdiction in the original proceedings in the county court, because of the want of a notice of the intended application. The notice was not signed by any one, nor did it purport to have been given by authority. R. S. sec. 6936. A notice, required by the statute to be in writing, is insufficient when it is not signed. Eaton v. Supervisors, 42 Wis. 317; Towner v. Hemic, 19 Mo. App. 205; Schulenberg v. Bascom, 38 Mo. 189 ; Wliitely v. Platte County, 73 Mo. 30 ; Fr avert v. Finfrock, IS. E. Rep. 875.…

1Opinion of the CourtNorton, C. J.

This is a proceeding by injunction, to restrain and enjoin the defendant, Brown, as road overseer, and the judges of the county court of Audrain county, from opening a road over the land of plaintiff. The grounds alleged for the relief asked are, that the road was never legally established; that no notice of filing a petition to establish the road had been given ; that the county court acquired no jurisdiction to establish the road; that the right of way had never been legally acquired over the land, and that no compensation had been received by plaintiffs for the right of way.

I. It is…

2Cases cited2 opinions

  1. Newby v. Platte CountySupreme Court of Missouri · 1857
  2. Whitely v. Platte CountySupreme Court of Missouri · 1880

3Cited by19 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. State v. WearSupreme Court of Missouri · 1898
  3. Cribbs v. BenedictSupreme Court of Arkansas · 1897
  4. Lingo v. BurfordSupreme Court of Missouri · 1892
  5. City of Tarkio v. ClarkSupreme Court of Missouri · 1905

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