Halter v. Leonard
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Ho». G. A. Mosman, Judge. (1) This is a proceeding to condemn the land of plaintiff and intérvenors for an alleged public road, and “it has been'uniformly held by this court in proceedings to condemn private property for public use, that unless it affirmatively appeared upon the face of the proceeding that every essential prerequisite of the statute conferring the authority has been complied with, such proceedings, will be void.”
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Appeal from Buchanan Circuit Court. — Ho». G. A. Mosman, Judge. (1) This is a proceeding to condemn the land of plaintiff and intérvenors for an alleged public road, and “it has been'uniformly held by this court in proceedings to condemn private property for public use, that unless it affirmatively appeared upon the face of the proceeding that every essential prerequisite of the statute conferring the authority has been complied with, such proceedings, will be void.” In re Bledsoe Hill, 200 Mo. 642. (2) There is no pretense in this case that the statutory provisions (sec. 9414), requiring the…
1Opinion of the CourtGantt, P. J.
On the 6th of February, 1905, John A. Lynch et al. filed with the clerk of the county court of Buchanan county, a petition to establish and open a county road in said county. The petitioners allege that they were citizens of said county and at least twelve of them were duly qualified and competent adult petitioners, resident of and owners in their own *289proper rights of lands in the municipal townships through which said proposed road was to be located, three of whom resided in the immediate neighborhood of said proposed road. They stated that the said road was to be thirty feet in width and…
2Cases cited4 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- Carter v. HornbackSupreme Court of Missouri · 1897
- Rose v. Kansas CitySupreme Court of Missouri · 1895
3Cited by4 opinions
- State Ex Rel. Clinkscales v. ScottMissouri Court of Appeals · 1924
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Opinion No., Texas Attorney General Reports1977
- State v. JaegerMissouri Court of Appeals · 1911