Aldridge v. Spears
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — How. Richard Field, Judge. The county court alone has exclusive jurisdiction to open public roads, and if it refuses the circuit court has no such jurisdiction on appeal. R. S., sec. 6967 (Laws of 1887, p. 247, secs. 7, 8, 9,10); Foster v. Dunklin, 44 Mo. 217. There is no longer any question as to the right of the parties aggrieved to appeal from the judgment of the county court granting or refusing to open a highway.
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Appeal from the Pettis Circuit Court. — How. Richard Field, Judge. The county court alone has exclusive jurisdiction to open public roads, and if it refuses the circuit court has no such jurisdiction on appeal. R. S., sec. 6967 (Laws of 1887, p. 247, secs. 7, 8, 9,10); Foster v. Dunklin, 44 Mo. 217. There is no longer any question as to the right of the parties aggrieved to appeal from the judgment of the county court granting or refusing to open a highway. R. S. 1889, sec. 6967; Jefferson County v. Cowen, 54 Mo. 237; Anderson v. Pemberton, 89 Mo. 65 ; State ex rel. v. County Court, 80 Mo.…
1Opinion of the CourtEllison, J.
This cause originated in the county court of Pettis county and arises on a petition for opening a new'road and tó vacate an old one. The petition was denied by the county court, and the petitioners appealed to the circuit court, where on a trial de novo the petition was granted as to the opening of- a new road, though no judgment appears in the record as to the vacation of the old road. A commissioner was appointed by the circuit court, and his report was approved by that court which, thereupon, with the aid of a jury, entered into a trial as to the damages to'those parties over whose land…
2Cases cited11 opinions
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- Ray County ex rel. Common School Fund v. BentleySupreme Court of Missouri · 1872
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- Pettis County v. KingsburySupreme Court of Missouri · 1853
- Reppy v. Jefferson CountySupreme Court of Missouri · 1870
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3Cited by6 opinions
- Big Hollow Road v. BaileySupreme Court of Missouri · 1892
- Hall v. DeArmondMissouri Court of Appeals · 1891
- Howe v. CallawayMissouri Court of Appeals · 1906
- State ex rel. Galbraith v. McCutchanMissouri Court of Appeals · 1906
- Taylor v. ToddMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.