Howe v. Callaway
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The action of the court below was based in part upon the opinion that an appeal does not lie from the county court in such cases but that its judgment is conclusive.
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Appeal from the Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The action of the court below was based in part upon the opinion that an appeal does not lie from the county court in such cases but that its judgment is conclusive. The rule now held by our appellate courts is that an appeal will lie in all cases specified in section 9419, Revised Statutes 1899, which includes all cases except where the county court refuses to open, change or vacate a road, which is the only case not specified. This must be the law because it is “so nominated,” even if the courts should fail to give the…
1Opinion of the CourtEllison, J.
This proceeding is an application to the county court of Lafayette county to turn a public road where it runs through the petitioner’s land to another part of his land. Thex’e was a remonstrance of twelve freeholders. The petition was referred to the road commissioner who made his report thereon. After-wards the county court made an order turning the road as asked and the remonstrants appealed to the circuit court. In the latter court the appeal was dismissed on the ground that no appeal would lie in such case. The remonstrants thereupon brought the case here.
The proceeding is based upon the…
2Cases cited11 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- Foster v. DunklinSupreme Court of Missouri · 1869
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3Cited by4 opinions
- Ross v. Conco Quarry, Inc.Missouri Court of Appeals · 1976
- Johnson v. RasmusSupreme Court of Missouri · 1911
- State v. FaithMissouri Court of Appeals · 1914
- Mast v. DetersSupreme Court of Missouri · 1962