Legal Opinion

Crenshaw v. Snyder

Supreme Court of Missouri

Decided June 27, 1893PublishedCited by 4 opinions

Appeal from Greene Circuit Court. — Hon. Judge. (1) The constitution pro vides that private property shall not be taken for public use without just compensation, and such provision deprives the order of the county court of any effect as a justification for defendant.

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Appeal from Greene Circuit Court. — Hon. Judge. (1) The constitution pro vides that private property shall not be taken for public use without just compensation, and such provision deprives the order of the county court of any effect as a justification for defendant. (2) The law requires that a relinquishment of this right of way should be obtained, or that commissioners should be appointed and damages assessed and paid before any entry could be made on the land, and neither was done in this case. (8) A void order of the county court can in no case protect a road overseer in the commission of…

1Opinion of the CourtGantt, P. J.

— The petition in this case contains two counts. The first couht states a cause of trespass guare clausum freg.it, in wrongfully entering upon the north half of south half of section 2, township 28, range 22 and north half of south half of section 3, and north half of southeast quarter of section, 4, all same township and range, in which lands it is alleged plaintiffs have each one-twelfth interest and are in possession, and in cutting trees, destroying fences and rails, to plaintiff’s damage, in the sum of $375. The second count avers the cutting of the timber and removal of fences and the…

2Cases cited7 opinions

  1. Lingo v. BurfordSupreme Court of Missouri · 1892
  2. Howard v. ClarkSupreme Court of Missouri · 1869
  3. Evans v. HaefnerSupreme Court of Missouri · 1859
  4. Walker v. LikensSupreme Court of Missouri · 1857
  5. Patten v. WeightmanSupreme Court of Missouri · 1873

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Shanklin ex rel. Wetzler v. FrancisMissouri Court of Appeals · 1896
  2. Baubie v. OssmanSupreme Court of Missouri · 1898
  3. Mitchell v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1897
  4. State v. MillerMissouri Court of Appeals · 1905

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