State v. Miller
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Ho». Leigh B. Woodside, Judge. (1) The court should have directed an acquittal, because the county court record is sufficient to change the road. All jurisdictional facts sufficiently appear somewhere in the proceeding. Sutton v. Cole, 155 Mo. 206, 55 S. W. 1052. (2) The findings and judgment of the county court are not open to collateral attack and its judgment is entitled to every presumption in its favor.
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Appeal from Texas Circuit Court. — Ho». Leigh B. Woodside, Judge. (1) The court should have directed an acquittal, because the county court record is sufficient to change the road. All jurisdictional facts sufficiently appear somewhere in the proceeding. Sutton v. Cole, 155 Mo. 206, 55 S. W. 1052. (2) The findings and judgment of the county court are not open to collateral attack and its judgment is entitled to every presumption in its favor. Baubie v. Ossman, 142 Mo. 499, 44 S. W. 338. (3) When we consider the pleadings and entire record, all obscurity is dispelled and the intention of the…
1Opinion of the CourtGoode, J.
(after stating the facts). — It is conceded by the State that the defendant acted pursuant to the written order or process of the county court in closing the old road, but is contended that the order affords him no protection, because said court was without jurisdiction of the matter. The warrant or process to the defendant is not before us; but the State has made no point against its form or regularity and we *547shall assume, in disposing of the appeal, that the order was fair on its face, contained nothing to show the county court acted without jurisdiction of the cause and directed the…
2Cases cited18 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Howard v. ClarkSupreme Court of Missouri · 1869
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
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3Cited by1 opinion
- Zielda Forsee Investment Co. v. Phoenix Brick & Construction Co.Missouri Court of Appeals · 1910