Legal Opinion

State ex rel. Applegate v. Taylor

Supreme Court of Missouri

Decided December 21, 1909PublishedCited by 63 opinions

Certiorari. (1) The petition should show all jurisdictional facts. Railroad v. Lewright, 113 Mo. 660; St. Louis v. Gleason, 89 Mo. 67; Kansas City v. Mastín, 169 Mo. 80; Banbie v. Ossman, 142 Mo. 499. Here the petition contains no description of tire ditch. Contains no description of the lands to be embraced in the proposed district. Gives no names of landowners other than the petitioners. Does not give the width of the strip of land to be condemned.

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Certiorari. (1) The petition should show all jurisdictional facts. Railroad v. Lewright, 113 Mo. 660; St. Louis v. Gleason, 89 Mo. 67; Kansas City v. Mastín, 169 Mo. 80; Banbie v. Ossman, 142 Mo. 499. Here the petition contains no description of tire ditch. Contains no description of the lands to be embraced in the proposed district. Gives no names of landowners other than the petitioners. Does not give the width of the strip of land to be condemned. Does not give a true description of the beginning, route or terminus of the ditch. Does not even' give the course. Does not show that the…

1Opinion of the CourtWoodson, J.

This is an original proceeding instituted in this court by relators by writ of certiorari, in which the record made by the county court of Char-iton county in the organization of Drainage District No. 4, as well as the law under which it was organized, being article IY, chapter 122, Revised Statutes 1899, and the amendatory acts thereto, are challenged.

The relators contend that the petition, bond, all the orders of the county court, reports of the viewers, published notices, and everything else that was done in the organization of said district were erroneous and void, because not complying…

2Cases cited50 opinions

  1. Duncan v. MissouriSupreme Court of the United States · 1894
  2. Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
  3. State v. TaylorSupreme Court of Missouri · 1896
  4. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  5. State v. BockstruckSupreme Court of Missouri · 1896

45 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. Aaron v. Target CorporationCourt of Appeals for the Eighth Circuit · 2004
  3. Chick Springs Water Co. v. State Highway DepartmentSupreme Court of South Carolina · 1931
  4. Labor's Educational & Political Club-Independent v. DanforthSupreme Court of Missouri · 1978
  5. Squaw Creek Drainage District v. TurneySupreme Court of Missouri · 1911

58 more not listed; retrieve them via the Exa API.

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