Overbeck & Shaw v. Galloway
Supreme Court of Missouri
ERROR to Platte Circuit Court. Galloway’s motion was properly overruled by the County Court for reasons — 1st. The opposite party, Overheck & Shaw, had no notice of it. See Caldwell vs. Lockridge, 9th vol. Mo. Reps. p. 362. 2nd. Even if notice had been given, the County Court ought to have overruled said motion, because Galloway for himself and the other objectors as is shown by the record, was in Court when the new route was established, and took no exception.
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ERROR to Platte Circuit Court. Galloway’s motion was properly overruled by the County Court for reasons — 1st. The opposite party, Overheck & Shaw, had no notice of it. See Caldwell vs. Lockridge, 9th vol. Mo. Reps. p. 362. 2nd. Even if notice had been given, the County Court ought to have overruled said motion, because Galloway for himself and the other objectors as is shown by the record, was in Court when the new route was established, and took no exception. So far, then, as Galloway and the objectors were and are concerned, the establisment of the new and the vacation of the old route,…
1Opinion of the CourtMcBride, J.
Overbeck and others on the 6th April, 1846, presented their petition to the County Court of Platte County, praying for a change in the County road leading from Weston to St. Joseph, which was granted, and the change made, and the old road vacated. At the instance of Galloway the order was opened and the case adjourned over until the next Thursday, (9th April,) when, after hearing the evidence adduced by the objectors, the Court proceeded to make the change asked for by the petitioners. On the 10th April, 1846, Galloway filed his motion to set aside the orders made by the Court, on the…
2Cases cited2 opinions
- Barr v. StevensCourt of Appeals of Kentucky · 1808
- Burrows v. MillerCourt of Appeals of Kentucky · 1813
3Cited by7 opinions
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- Foster v. DunklinSupreme Court of Missouri · 1869
- Mast v. DetersSupreme Court of Missouri · 1962
- Aldridge v. SpearsMissouri Court of Appeals · 1889
- Howe v. CallawayMissouri Court of Appeals · 1906
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