Cox v. Dake
Missouri Court of Appeals
Appeal from, the Wright Circuit Court. — Hon. W. I. Wallace, Judge. The only question in this case is as to the right of appeal to the circuit court from the action of the county court in refusing to grant appellants’ petition for a public road, and sustaining the remonstrance thereto. We contend that section 1102 of the Revised Statutes gives the right of appeal, for certainly such right is not “expressly prohibited by law.” McVey v. McYey, 51 Mo. 406,420 ; Sess.
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Appeal from, the Wright Circuit Court. — Hon. W. I. Wallace, Judge. The only question in this case is as to the right of appeal to the circuit court from the action of the county court in refusing to grant appellants’ petition for a public road, and sustaining the remonstrance thereto. We contend that section 1102 of the Revised Statutes gives the right of appeal, for certainly such right is not “expressly prohibited by law.” McVey v. McYey, 51 Mo. 406,420 ; Sess. Acts'1887, p’. 48, sec. 10; R. S., sec. 1210; Hagemeier v. Keene, 8 Mo. App. 574; Moore v. Bailey, 8 Mo. App. 156; Southerland v.…
1Opinion of the CourtRombauer, P. J.
The plaintiffs, freeholders and residents of Wright county, filed a petition in the county court of said county, praying the court to establish a public road. The defendants filed a remonstrance. The court, upon hearing, sustained the remonstrance, and the plaintiffs appealed to the circuit court.
*81In the circuit court, the defendant Dake appeared and moved the court to dismiss the cause for the reason that no right of appeal exists from the finding of the county court, refusing to open and establish a road. The coxirt sustained the motion and dismissed the appeal, and the plaintiffs, after an…
2Cases cited2 opinions
- McVey v. McVeySupreme Court of Missouri · 1873
- Sutherland v. HolmesSupreme Court of Missouri · 1883
3Cited by5 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Webster v. SpindlerMissouri Court of Appeals · 1889
- Big Hollow Road v. BaileySupreme Court of Missouri · 1892
- Aldridge v. SpearsMissouri Court of Appeals · 1889
- England v. BaileyMissouri Court of Appeals · 1890