Snoddy v. County of Pettis
Supreme Court of Missouri
Error to First District Court. The verdict of a jury in tlie matter of opening roads is final and conclusive as to the matter of damages. No appeal lies therefrom. (Emory S. Foster et al. v. Dunklin, 44 Mo. 216.) The jurisdiction of the Circuit Court in such cases is confined solely to an examination of the record, and can reverse only for error apparent thereon. The Legislature have made no provision for an appeal in such case as the one at bar.
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Error to First District Court. The verdict of a jury in tlie matter of opening roads is final and conclusive as to the matter of damages. No appeal lies therefrom. (Emory S. Foster et al. v. Dunklin, 44 Mo. 216.) The jurisdiction of the Circuit Court in such cases is confined solely to an examination of the record, and can reverse only for error apparent thereon. The Legislature have made no provision for an appeal in such case as the one at bar. ( Vide Gen. Stat. 1865, ch. 136, § 2.) The Legislature have expressly provided for a writ of error, applicable to all the necessities of the case at…
1Opinion of the CourtBliss, Judge
W. H. Powell and others petitioned the Pettis County Court for a new road, against which Snoddy and others remonstrated, and appealed to the Circuit Court from the order of the County Court establishing the road. Many questions are raised by the record, and the first pertains to the right of such appeal. The Circuit Court has ‘ ‘ appellate jurisdiction from the judgments and orders of the County Courts in all cases not expressly prohibited by law.” But it does not follow that matters may be taken up in the ordinary form of appeal. When such appeal and the manner of taking it are not expressly…
2Cases cited1 opinion
- County of Cooper v. GeyerSupreme Court of Missouri · 1854
3Cited by30 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Leonard v. SparksSupreme Court of Missouri · 1893
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
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