Big Hollow Road v. Bailey
Supreme Court of Missouri
Certified from St. Louis Gowrt of Appeals. (1) The appeal was unauthorized by law because prosecuted from an order of the county court from which the circuit court had no jurisdiction. Railroad v. City of St. Louis, 92 Mo. 160. (2) Remonstrants had no interest in the matter otherwise than in common with the general public, and were not for that reason entitled to appeal.
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Certified from St. Louis Gowrt of Appeals. (1) The appeal was unauthorized by law because prosecuted from an order of the county court from which the circuit court had no jurisdiction. Railroad v. City of St. Louis, 92 Mo. 160. (2) Remonstrants had no interest in the matter otherwise than in common with the general public, and were not for that reason entitled to appeal. We contend that the statute makes twelve freeholders parties to the suit, when they file their remonstrance, and they have a right to appeal. Eevised Statutes, 1879, secs. 1102, 1210, and Laws of 1887, sec. 10; MeVey v.…
1Opinion of the CourtSherwood, P. J.
England and others, acting under the provisions of the road law (Laws, 1887, p. 245), presented their petition for vacating a portion of the Big Hollow road in Plattin township, Jefferson county, Missouri. All the necessary steps were regularly taken, and, at the November term, 1888, of the county court, a remonstrance signed by more than twelve freeholders of the township was presented to that court resisting the vacation of said portion of the road in question.
The hearing of the cause before the county court resulted in the court vacating the portion of the road sought to be vacated, and,…
2Cases cited3 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Aldridge v. SpearsMissouri Court of Appeals · 1889
- Cox v. DakeMissouri Court of Appeals · 1889
3Cited by7 opinions
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- In re HullSupreme Court of Minnesota · 1925
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1911
- State Ex Rel. Tummons v. CoxSupreme Court of Missouri · 1926
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