State ex rel. United Railways Co. v. Wiethaupt
Supreme Court of Missouri
Prohibition. XI) The circuit court did not by appeal acquire jurisdiction of the subject-matter of the petition of said McDermott Realty Company and John W. Bellairs. The appeal of said petitioners from the judgment of the county court purported to be taken by virtue of section 10440, Revised Statutes 1909. This section first appeared in the road law in Laws 1874, p. 142, section 39. Prior to that time no appeal would lie in road cases.
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Prohibition. XI) The circuit court did not by appeal acquire jurisdiction of the subject-matter of the petition of said McDermott Realty Company and John W. Bellairs. The appeal of said petitioners from the judgment of the county court purported to be taken by virtue of section 10440, Revised Statutes 1909. This section first appeared in the road law in Laws 1874, p. 142, section 39. Prior to that time no appeal would lie in road cases. Aldridge v. Shears, 101 Mo. 400. All the road laws scattered through the statutes, including the chapter on bridges, were collected into one act and revised…
1Opinion of the CourtKennish, J.
This is an original proceeding by • prohibition. Upon the filing of the petition a preliminary rule in prohibition was granted as prayed, and for return respondents filed a general demurrer to the petition. Relator is the United Railways Company of the city of St. Louis. The respondents áre the judges of the county court of St. Louis county, and three commissioners appointed by the said court in the matter of a proceeding for a private road petitioned for through relator’s land.'
It appears from the facts stated in the petition, and admitted by the demurrer, that the McDermott Realty Company…
2Cases cited7 opinions
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Colville v. JudySupreme Court of Missouri · 1881
- State ex rel. Terminal Railroad v. TracySupreme Court of Missouri · 1911
- Cox v. TiptonMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ross v. Conco Quarry, Inc.Missouri Court of Appeals · 1976
- State Ex Rel. Orr v. LatshawSupreme Court of Missouri · 1922
- In Re City of UniondaleSupreme Court of Missouri · 1920
- Richter v. RodgersSupreme Court of Missouri · 1931
- Rippeto v. ThompsonSupreme Court of Missouri · 1949
7 more not listed; retrieve them via the Exa API.