Fitzmaurice v. Turney
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The petitioner’s application for the private way is insufficient and does not contain a statement of facts authorizing the court to exercise jurisdiction.
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Appeal from Holt Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The petitioner’s application for the private way is insufficient and does not contain a statement of facts authorizing the court to exercise jurisdiction. It shows upon its face that the object of petitioner was to increase and enhance the value of the petitioner’s lands; that said way was not a private way of necessity, as petitioner already had a private way reserved for himself by deed, to himself and other persons, children of Patrick Eitzmaurice, and their grantees and assigns forever. A way of strict necessity must not…
1Opinion of the CourtValliant, P. J.
This suit was begun in the county court of Holt county to establish a private road across certain lands in that county belonging respectively to the three defendants John Turney, John Fitzmaurice and the Chicago, Burlington and Quincy Railroad Company. The cause was carried by appeal to the circuit court of that county, where final judgment was rendered in favor of the petitioner and against the three defendants, from which judgment one of the defendants, John Turney, alone has appealed. There is no question raised as to the amount of the damages awarded, but the judgment establishing the…
2Cases cited5 opinions
- Colville v. JudySupreme Court of Missouri · 1881
- Slavens v. South Pacific RailroadSupreme Court of Missouri · 1873
- Crutsinger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Harding v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Young v. Niles & Scott Co.Missouri Court of Appeals · 1907
3Cited by12 opinions
- Kansas City v. MathisMissouri Court of Appeals · 1966
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Bohannon v. Camden Bend Drainage DistrictMissouri Court of Appeals · 1948
- State Ex Rel. Northwestern Mutual Fire Ass'n v. CookSupreme Court of Missouri · 1942
- Farmington Building Supply Co. v. L. D. Pyatt Construction Co.Missouri Court of Appeals · 1981
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