Lingo v. Burford
Supreme Court of Missouri
Error to Johnson Circuit Court. (1) The recital on the record of the county court, “that due notice has been given according to law,” nothing further appearing, was sufficient upon this collateral attack to show jurisdiction in that tribunal to entertain the petition, so far as notice was involved. Dougherty v. Brown, 91 Mo. 26; Crow v. Meyersieck, 88 Mo. 411; Elliott on Roads & Streets [Ed. 1890] pp. 218, 219. (2) The court had jurisdiction of the subject-matter.
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Error to Johnson Circuit Court. (1) The recital on the record of the county court, “that due notice has been given according to law,” nothing further appearing, was sufficient upon this collateral attack to show jurisdiction in that tribunal to entertain the petition, so far as notice was involved. Dougherty v. Brown, 91 Mo. 26; Crow v. Meyersieck, 88 Mo. 411; Elliott on Roads & Streets [Ed. 1890] pp. 218, 219. (2) The court had jurisdiction of the subject-matter. The presentation of the petition, properly signed and giving the requisite notice of its presentation, made a case of the…
1Opinion of the CourtGantt, J.
This is a proceeding by injunction, commenced in the circuit court of Johnson county, by which the plaintiff sought to restrain the defendant Burford, as road overseer, from opening a public road over and through, lands of the plaintiff, under an order of the county court.
The material averments of the petition are that “no legal notice was ever given of. the presentation of a petition for such an order; that the county commissioner did not survey, view or mark out a roadway over said land or take relinquishments of right of way for same, or ask for such relinquishments, or make any report of…
2Cases cited12 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Porter v. . PurdyNew York Court of Appeals · 1864
- In re Grove StreetCalifornia Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. WearSupreme Court of Missouri · 1898
- Cherry v. City of Hayti HeightsSupreme Court of Missouri · 1978
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Leonard v. SparksSupreme Court of Missouri · 1893
36 more not listed; retrieve them via the Exa API.