Zimmerman v. Snowden
Supreme Court of Missouri
Appeal from Andrew Circuit Cotort.— Hon. IT. S. Kelley, Judge. (1) County courts in establishing roads, changing roads, or in making orders to open roads must confine themselves to the statute, otherwise their proceedings are nullities, and a person may resort to a petition in equity and injunction for relief against the acts of the county court and overseers. Carpenter to. Gresham, 59 Mo. 247; County of Cooper to. Geyer, 19 Mo. 260, 261; Jefferson County to.
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Appeal from Andrew Circuit Cotort.— Hon. IT. S. Kelley, Judge. (1) County courts in establishing roads, changing roads, or in making orders to open roads must confine themselves to the statute, otherwise their proceedings are nullities, and a person may resort to a petition in equity and injunction for relief against the acts of the county court and overseers. Carpenter to. Gresham, 59 Mo. 247; County of Cooper to. Geyer, 19 Mo. 260, 261; Jefferson County to. Cotoen, 54 Mo. 234 ; High on Injunctions, secs. 124, 125, 126, 127 and 128, pp. 78, 79 and 80. (2) In summary proceedings, where the…
1Opinion of the CourtBlack, J.
The plaintiff became the owner of the couth west quarter of section 10, township 59, range 34, in Andrew county, in 1879, and then enclosed the same with a fence. The defendants, the road overseer and county court, made claim for an established public road over the west line of the land, and were about to remove the obstruction when plaintiff procured a temporary injunction restraining them from so doing, which was dissolved on final hearing and from that judgment he took this appeal.
1. Proceedings -were had in the county court in *2201871, resulting in an order establishing a road north and…
2Cases cited3 opinions
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- State v. WaltersSupreme Court of Missouri · 1879
3Cited by33 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- City of Sedalia ex rel. Gilsonite Construction Co. v. ScottMissouri Court of Appeals · 1904
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