Colville v. Judy
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. This was a proceeding begun in the county court of Cass county, for the opening of a private road. Plaintiff’s petition alleged, in substance, that he and defendant were the owners of adjoining tracts of land, that no public road •touched his land, and that’defendant’s land lay between him and a public road known as the Independence and Harrisonville road.
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Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. This was a proceeding begun in the county court of Cass county, for the opening of a private road. Plaintiff’s petition alleged, in substance, that he and defendant were the owners of adjoining tracts of land, that no public road •touched his land, and that’defendant’s land lay between him and a public road known as the Independence and Harrisonville road. It described a route Over defendant’s land to that road which it alleged to be the most convenient way of access to plaintiff’s land from a point upon any public road, and least…
1Opinion of the Court
*653I.
Sherwood, C. J.
An appeal in cases of this sort is allowed by law, not by reason, however, of section 50, page 1227, 2 Wagner’s Statutes, because the act of which that section forms part, relates to public roads; and because further, that act was repealed by section 43 of the act of 1877, (Sess. Acts of that year, p. 403,) which also relates only to public roads. But an appeal lies in this class of cases because the circuit court has “ appellate jurisdiction from the judgments and orders of county courts * * in all cases not expressly prohibited by law.” lWag. Stat., 430, § 2; and appeals…
2Cases cited5 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- McVey v. McVeySupreme Court of Missouri · 1873
3Cited by21 opinions
- Evans v. MansfieldSupreme Court of Missouri · 1963
- Welch v. ShipmanSupreme Court of Missouri · 1948
- In re the Estate of BominoSupreme Court of Missouri · 1884
- Cox v. TiptonMissouri Court of Appeals · 1885
- Fitzmaurice v. TurneySupreme Court of Missouri · 1908
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