Legal Opinion

Moore v. Bailey

Missouri Court of Appeals

Decided December 16, 1879PublishedCited by 2 opinions

Appeal from the St. Charles Circuit Court. — Railroad Co. v. Whipple, 22 111. 108; Doolittle v. Railroad Go., 14 111. 381; Railroad Go. v. Commissioners, 112 Mass. 206 ; The People v. Andrews, 52 N. Y. 445. The Circuit Court has full power to issue the writ in this State. —St. Louis v. Sparks, 11 Mo. 201; Cooper v. Qeyer, 19 Mo. 257 ; Lewis v. Nuckolls, 26 Mo. 278 ; Foster v. Dunklin, 44 Mo. 216 ; Snoddy v. Pettis, 45 Mo. 361; Anderson v. Ni.

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Appeal from the St. Charles Circuit Court. — Railroad Co. v. Whipple, 22 111. 108; Doolittle v. Railroad Go., 14 111. 381; Railroad Go. v. Commissioners, 112 Mass. 206 ; The People v. Andrews, 52 N. Y. 445. The Circuit Court has full power to issue the writ in this State. —St. Louis v. Sparks, 11 Mo. 201; Cooper v. Qeyer, 19 Mo. 257 ; Lewis v. Nuckolls, 26 Mo. 278 ; Foster v. Dunklin, 44 Mo. 216 ; Snoddy v. Pettis, 45 Mo. 361; Anderson v. Ni. Louis, 47 Mo. 479 ; Rogers v. Clinton, 60 Mo. 101; The State ex rel. v. Powers, 68 Mo. Appeal and certiorari are concurrent remedies, and “in many cases…

1Opinion of the CourtBakewell, J.

There was a certiorari sued out of the Circuit Court of St. Charles County by the appellant, directed to the County Court of St. Charles County. It appears that Bailey petitioned for the opening of a private road across the lands of Moore, to connect his lauds with the Boonslick Road, and prayed for the appointment of commissioners. Objections of Moore were sustained to the first report, aud the matter was recommitted to the same commissioners, who filed a report, signed by only two of their number, which they were allowed to withdraw and refile, signed by the three commissioners. A motion to…

2Cases cited5 opinions

  1. Snoddy v. County of PettisSupreme Court of Missouri · 1870
  2. People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
  3. Lacy v. WilliamsSupreme Court of Missouri · 1858
  4. Lewis v. NuckollsSupreme Court of Missouri · 1858
  5. Boren v. WeltySupreme Court of Missouri · 1835

3Cited by2 opinions

  1. State ex rel. Mount Mora Cemetery Ass'n v. CaseySupreme Court of Missouri · 1908
  2. State ex rel. Daugherty v. HickmanMissouri Court of Appeals · 1900

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