Opening of Essex Avenue v. Mermod

The defendant in the circuit court asked that his appeal be sent to the supreme court, claiming that the cause involved title to real estate, and the construction of the constitution of this state. The circuit court denied such appeal, but granted the defendant an appeal to this court. The defendant now moves for the transfer of the cause to the supreme court, claiming, for the reasons above stated, that that court has jurisdiction of the appeal.

The proceeding is one to open a public road, and is the same which we had under consideration in State ex rel. v. Heege, 89 Mo. App. 49. Upon the…