Baubie v. Ossman
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) If the petition was presented in 1878, then Mrs. Baubie’s rights are to be determined under the laws of 1877. Acts 1877, pp. 394, 395. The record, from beginning to end in this case, is silent as to how wide the county court laid out this road. This is something the records must show. Ziebel v. Porter, 118 Mo. 346; Leetv. Bank, 115 Mo. 184; Black’s Const. Law, p.432; Arnoldv.
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Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) If the petition was presented in 1878, then Mrs. Baubie’s rights are to be determined under the laws of 1877. Acts 1877, pp. 394, 395. The record, from beginning to end in this case, is silent as to how wide the county court laid out this road. This is something the records must show. Ziebel v. Porter, 118 Mo. 346; Leetv. Bank, 115 Mo. 184; Black’s Const. Law, p.432; Arnoldv. Willis, 128 Mo. 145. (2) Mrs. Baubie never was a party to any proceedings, consequently the records of the county court was a nullity as far as she…
1Opinion of the CourtGantt, P. J.
I. This is a proceeding by injunction by Mrs. Anna Baubie against the defendants who were road overseers duly appointed and qualified as such for Clinton county, to restrain and enjoin them from tearing down and destroying her fences inclosing cer*502tain lands belonging to her near the city of Cameron. The defense was and is that by the judgment of the county court a strip of said lands had been lawfully condemned to public use, and as overseers they were simply removing obstructions therefrom unlawfully placed thereon by the plaintiff. Mrs. Baubie denied that her lands had been condemned,…
2Cases cited4 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- Crenshaw v. SnyderSupreme Court of Missouri · 1893
- Rose v. Kansas CitySupreme Court of Missouri · 1895
3Cited by8 opinions
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Seafield v. BohneSupreme Court of Missouri · 1902
- Baker v. SquireSupreme Court of Missouri · 1898
- Monroe v. CrawfordSupreme Court of Missouri · 1901
- Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909
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