Zeibold v. Foster
Supreme Court of Missouri
..Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The petition does not state a cause of action 'under the law in road cases. Railroad v. Young, 96 Mo. 41; Fisher v. Davis, 27 Mo.
Read the full summary
..Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The petition does not state a cause of action 'under the law in road cases. Railroad v. Young, 96 Mo. 41; Fisher v. Davis, 27 Mo. App. 324. (2) It •does not appear from the petition, record or evidence before either of the trial courts that the twelve free- . holders were residents of Moreau township, and it must ■ affirmatively' appear that they resided in, and were freeholders of a municipal township, before the court • could change the road, hence the judgments are a nullity. Revised Statutes, 1889, sec. 7796; Fisher'…
1Opinion of the CourtMacfarlane, J.
This is a proceeding under the. statutes to change a public road in Moreau township, Moniteau county. It was commenced in the county court by petition and notice. The desired change was entirely on the land of appellant Poster. The county road commissioner was ordered by the county court to view, survey and mark out the change. He reported the road practicable and of public utility, and that. Poster refused to relinquish the right of way. Commissioners'appointed by the county court assessed Poster’s damages at $30. At the next term Poster filed objections to the report of commissioners, and…
2Cases cited7 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- Daugherty v. BrownSupreme Court of Missouri · 1886
- Evans v. GreeneSupreme Court of Missouri · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Seafield v. BohneSupreme Court of Missouri · 1902
- Bradley v. City of SpickardsvilleCourt of Appeals of Kansas · 1901
- Freeman v. De HartMissouri Court of Appeals · 1957
- Hayes v. Kansas CitySupreme Court of Missouri · 1922
- Shanklin ex rel. Wetzler v. FrancisMissouri Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.