Wood v. Phelps County Court
Supreme Court of Missouri
Appeal from Phelps Circuit Court. I. The county court had no right to reject the petition for the removal of the county seat. The circuit court committed error in dismissing the appeal. The commissioners gave no notice of their intended meeting. The general law requires such notice. The law required all the commissioners to qualify.
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Appeal from Phelps Circuit Court. I. The county court had no right to reject the petition for the removal of the county seat. The circuit court committed error in dismissing the appeal. The commissioners gave no notice of their intended meeting. The general law requires such notice. The law required all the commissioners to qualify. The circuit court should have heard de novo the petition of the inhabitants for the removal of the supposed county seat, as also their objections to the location. (R. C. 1855, p. 533, § 8.) Three-fifths of the taxable inhabitants of the county are appellants here.…
1Opinion of the Court
Richardson,- Judge,
delivered the opinion of the court.
By the second section of the act organizing Phelps county, approved November 13, 1857, George M. Jamison, of Craw*121ford county, Cyrus Colley, of Pulaski .county, and Gideon R. West, of Osage county, were constituted a board of commissioners to locate the seat of justice of Phelps county, and were instructed to locate it at the most suitable place in the county on the line of the survey of the south-west branch of the Pacific railroad. The seventh section of the act required the commissioners to meet at the residence of John Webber, in said…
2Cases cited2 opinions
- Ex parte RogersNew York Supreme Court · 1827
- Tetherow v. Grundy County CourtSupreme Court of Missouri · 1845
3Cited by2 opinions
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Quayle v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876