State ex rel. Carter County v. Pennington

MAUS, Judge.

The defendants placed gates across a rural road where it entered and left their property of 782 acres. The road has been known by various names, such as County Road No. 11, Pike Creek Road, Five-Mile Road and the Pennington Road. The trial court found that road to be a public road and enjoined the defendants from interfering with its use.

On appeal, the defendants first contend the action was improperly brought in the name of Carter County rather than the name of the prosecuting attorney of Carter County. They cite § 56.060 and County of Shannon v. Mertzlufft, 630 S.W.2d 238…