Fisher v. Davis
Missouri Court of Appeals
Appeal from Howard Circuit Court, Hon. GJ-eorge H. Btjrckhartt, Judge. The case and facts are stated in the opinion of the court. I. Iu attempts to exercise the right of eminent domain, the utmost strictness is required ■ to give validity to the proceedings. The jurisdictional facts must appear upon the record.
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Appeal from Howard Circuit Court, Hon. GJ-eorge H. Btjrckhartt, Judge. The case and facts are stated in the opinion of the court. I. Iu attempts to exercise the right of eminent domain, the utmost strictness is required ■ to give validity to the proceedings. The jurisdictional facts must appear upon the record. The record in this case did not show that the petitioners were of the immediate neighborhood; nor that notice of the application had been given as required by the statute. .The county ■court, therefore, had no jurisdiction. Acts 1883, p. 158, sects. 5 and 6; Zimmerman v. Snowden, 88…
1Opinion of the CourtPhilips, P. J.
This proceeding originated in the county court for the opening of a new road. It was subject to the provisions of the road law enacted in 1883. Laws Mo. 1883, p. 158. The record shows, if not an irregular course of procedure, at least, a most unusual one.
The petition was presented to the county court at the November term, 1884, when the court made an order that the road commissioner proceed to survey and mark out said road, and make report to the court thereof according to law. At the following term, February,, 1885, the commissioner made report, representing that H. Besgrove and B. F.…
2Cases cited8 opinions
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Colville v. JudySupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
- State ex rel. Harrah v. CauthornMissouri Court of Appeals · 1890
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- Rousey v. WoodMissouri Court of Appeals · 1892
- Corrigan v. MorrisMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.