Adair Drainage District v. Quincy, Omaha & Kansas City Railroad
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Jas. A. Cooley, Judge. (1) In tbe state of the pleadings at the: time objection was made to introduction of testimony; and the motions to quash the writ were filed, they should have been sustained! as there was no reply, to appellant’s return. (2) If it were true that there was drift in the river which had! injured relator’s ditch, it bias an adequate remedy at law and therefore mand'amus will not lie. 2 Bailey on lib.
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Appeal from Adair Circuit Court. — Hon. Jas. A. Cooley, Judge. (1) In tbe state of the pleadings at the: time objection was made to introduction of testimony; and the motions to quash the writ were filed, they should have been sustained! as there was no reply, to appellant’s return. (2) If it were true that there was drift in the river which had! injured relator’s ditch, it bias an adequate remedy at law and therefore mand'amus will not lie. 2 Bailey on lib. Corp. and Extraordinary Remedies (3913), p. 800; Bayard v. United States, 127 U. S. 246. Relator having’ an adequate remedy at law, even…
1Opinion of the Court
This is a suit in mandamus to compel the appellant to remove obstructions in the Chariton River and to make openings in an embankment on its right of way. The embankment is without openings except a pipe three or four feet in diameter. The embankment commences about two hundred feet west of appellant's bridge over said river and extends thence southwesterly about one-half mile. It constitutes the south boundary line of the relator drainage district, and was built across the bed of an old lake or depression in the land, which was usually dry except in times of heavy rains, and was from five to…
2Cases cited3 opinions
- Goll v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1917
- State ex rel. Crandall v. McIntoshSupreme Court of Missouri · 1907
- State ex rel. Crow v. Boonville Bridge Co.Supreme Court of Missouri · 1907
3Cited by15 opinions
- State Ex Rel. Phillip v. Public School Retirement SystemSupreme Court of Missouri · 1953
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Jones v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1939
- Murphy v. St. Louis, San Francisco RailroadMissouri Court of Appeals · 1920
- Sigler v. Inter-River Drainage DistrictSupreme Court of Missouri · 1925
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