Strahan v. County Court
Supreme Court of Missouri
Error to Audrain Circuit Court. insisted that plaintiff was entitled to a judgment against the petitioners for the opening, or else, if it was thought the county should pay the damages, then that he should have a warrant on the county treasury, citing Wilson v. Berkstresser, 45.Mo. 283; Platte Co. Ct. v. McFarland, 12 Mo. 166; State o. Pombauer, 44 Mo. 590; State v. Knight, 46 Mo. 83; State v. Watson, 9 Kan. 668; Broom’s Leg. Max. 909; 12 Wheat. 69'; 1 Chitty PI. (15 Am.
Read the full summary
Error to Audrain Circuit Court. insisted that plaintiff was entitled to a judgment against the petitioners for the opening, or else, if it was thought the county should pay the damages, then that he should have a warrant on the county treasury, citing Wilson v. Berkstresser, 45.Mo. 283; Platte Co. Ct. v. McFarland, 12 Mo. 166; State o. Pombauer, 44 Mo. 590; State v. Knight, 46 Mo. 83; State v. Watson, 9 Kan. 668; Broom’s Leg. Max. 909; 12 Wheat. 69'; 1 Chitty PI. (15 Am. Ed.) 221; Osage V. S. K. P. P. v. Morgan Co. Ct., 53 Mo. 156.
1Opinion of the CourtSherwood, C. J.
Petition for mandamus to the county court of Audrain county. It seems that a new county road had- been located through the premises of Strahan, *645and the damages assessed at $132.25, by a jury for that purpose empaneled, under the provisions of § 23, 2 Wag. Stat., p. 1222. At the term next succeeding the return of the verdict, the applicant for the writ herein, moved the county court for judgment on the verdict, but' met with refusal, although that court had previously ordered that those who had petitioned for the road should pay all damages incident to its establishment. The issuance of the…
2Cited by6 opinions
- State ex rel. Patterson v. MarshallSupreme Court of Missouri · 1884
- Bell v. County CourtMissouri Court of Appeals · 1895
- State ex rel. Heman v. FladSupreme Court of Missouri · 1891
- Forsyth v. HeegeMissouri Court of Appeals · 1895
- Galbraith v. PrenticeMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.