Moore v. Bailey
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Railroad Co. v. Whipple, 22 111. 108; Doolittle v. Railroad Go., 14 111. 381; Railroad Go. v. Commissioners, 112 Mass. 206 ; The People v. Andrews, 52 N. Y. 445. The Circuit Court has full power to issue the writ in this State. —St. Louis v. Sparks, 11 Mo. 201; Cooper v. Qeyer, 19 Mo. 257 ; Lewis v. Nuckolls, 26 Mo. 278 ; Foster v. Dunklin, 44 Mo. 216 ; Snoddy v. Pettis, 45 Mo. 361; Anderson v. Ni.
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Appeal from the St. Charles Circuit Court. — Railroad Co. v. Whipple, 22 111. 108; Doolittle v. Railroad Go., 14 111. 381; Railroad Go. v. Commissioners, 112 Mass. 206 ; The People v. Andrews, 52 N. Y. 445. The Circuit Court has full power to issue the writ in this State. —St. Louis v. Sparks, 11 Mo. 201; Cooper v. Qeyer, 19 Mo. 257 ; Lewis v. Nuckolls, 26 Mo. 278 ; Foster v. Dunklin, 44 Mo. 216 ; Snoddy v. Pettis, 45 Mo. 361; Anderson v. Ni. Louis, 47 Mo. 479 ; Rogers v. Clinton, 60 Mo. 101; The State ex rel. v. Powers, 68 Mo. Appeal and certiorari are concurrent remedies, and “in many cases…
1Opinion of the CourtBakewell, J.
A motion for a rehearing has been filed in this cause, which must be overruled.
As is stated in the opinion filed, Bailey petitioned for the opening of a road through the lands of Moore. The result was an order of the County Court opening the road. From this order an appeal lay to the Circuit Court, in the same manner as provided for appeals from the judgments of a justice of the peace ; and the act giving the appeal directs a trial anew in the Circuit Court. Acts 1870, p. 45. Moore applied to the Circuit Court for a certiorari. Bailey moved to dismiss the petition ; the motion was overruled…
2Cases cited7 opinions
- People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860
- People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
- Britton v. SteberSupreme Court of Missouri · 1876
- Owens v. Andrew County CourtSupreme Court of Missouri · 1872
- House v. Clinton County CourtSupreme Court of Missouri · 1878
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