County Court of Callaway County v. Inhabitants of Round Prairie Township
Supreme Court of Missouri
APPEAL from Callaway Circuit Court. 1. The report of commissioners, upon a remonstrance against vacating a public highway, does not conclude the matter, and impose upon the court the mere ministerial duty of receiving and filing the report.
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APPEAL from Callaway Circuit Court. 1. The report of commissioners, upon a remonstrance against vacating a public highway, does not conclude the matter, and impose upon the court the mere ministerial duty of receiving and filing the report. The power of establishing and vacating roads, is conferred upon the County Courts, by the 2nd section of the act concerning public highways, in the broadest language and without any limitation; and the law has not abridged this power, by substituting in this instance, the judgment of the commissioners, in lieu of the judgment of the court. The 27th section…
1Opinion of the CourtMcBride, J.
At the June term, 1844, a petition signed by several of the inhabitants of Round Prairie Township in Callaway county, was presented to the County Court of said county, praying the establishment of a road therein designated. The court appointed commissioners to view and mark out a road in conformity to the prayer of the petitioners, who reported a practicable route; whereupon, at the November term, 1844, of the court, the report was approved, the road established, and an overseer appointed to open the same. The road was not opened by the overseer. At the February term, Í846, a petition was…
2Cited by4 opinions
- Vitt v. OwensSupreme Court of Missouri · 1868
- State ex rel. Schmutzler v. YoungSupreme Court of Missouri · 1884
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
- Weber v. LaneMissouri Court of Appeals · 1903