State ex rel. Jump v. Louisiana, Bowling Green & Ashley Gravel Road Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The action was brought and sustained under the authority of the decision of this court in the case of State ex rel. v. Gravel Eoad Company, 138 M'o. 332. Under the decision of the Supreme Court, supra, it was incumbent on the plaintiff to- aver and affirmatively prove that the defendant company was in possession of a public road in the county, and that it had unlawfully erected toll gates thereon and was collecting…
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The action was brought and sustained under the authority of the decision of this court in the case of State ex rel. v. Gravel Eoad Company, 138 M'o. 332. Under the decision of the Supreme Court, supra, it was incumbent on the plaintiff to- aver and affirmatively prove that the defendant company was in possession of a public road in the county, and that it had unlawfully erected toll gates thereon and was collecting tolls from persons traveling over the same; that is, that these things had been done “without the consent of the County…
1Opinion of the CourtNortoni, J.
(after stating the facts.) — 1. As said before, this case was appealed from the circuit to the Supieme Court. That court, upon an examination of the record, found itself to be without jurisdiction to proceed, and therefore certified the same to this court for determination. In doing so, one of the learned judges of that court expressed certain views on the case in the form of a written opinion, which was concurred in by one of his learned associates, the remaining two members of the division, however, declining to concur in the views therein expressed, and concurred only insofar as it was…
2Cases cited23 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Columbian Athletic Club v. State ex rel. McMahanIndiana Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Audrain County v. City of MexicoSupreme Court of Missouri · 1946
- State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State v. Business Men's ClubMissouri Court of Appeals · 1914
- State ex rel. White v. SmallMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.