Legal Opinion

Grading Bledsoe Hill v. Bledsoe

Supreme Court of Missouri

Decided July 13, 1909PublishedCited by 6 opinions

Appeal from Buchanan Circuit Court. — Eon. Kendall B. Randolph, Special Judge. The Supreme Court has no jurisdiction of this case for the reason that appellant never perfected his appeal within the time required by the statute authorizing appeals in such cases. The only provision for appeal in cases under this act is provided in section 9. There was no such thing as an appeal known to the common law. Schroeder v. Jabin, 94 Mo.

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Appeal from Buchanan Circuit Court. — Eon. Kendall B. Randolph, Special Judge. The Supreme Court has no jurisdiction of this case for the reason that appellant never perfected his appeal within the time required by the statute authorizing appeals in such cases. The only provision for appeal in cases under this act is provided in section 9. There was no such thing as an appeal known to the common law. Schroeder v. Jabin, 94 Mo. App. 111. “An appeal is a purely statutory remedy and only exists in those cases specified or reasonably implied by the statute, and this is true of appeals in road…

1Opinion of the CourtGantt, P. J.

This is an appeal from the circuit court of Buchanan county, assessing damages to the appellant, Henry Bledsoe, in the sum of five hundred dollars, for injury to his land abutting and adjoining the public: road, which was ordered graded by the county court of said county. The proceeding is bottomed upon the Act of the General Assembly of Missouri approved March 26, 1903 (Laws 1903 p. 148), *606entitled: “An Act to empower Connty Courts to grade public roads and to provide a method of paying damages caused by said grading.”

This proceeding was commenced February 26, 1907, by the county court of…

2Cases cited7 opinions

  1. DeKalb County v. HixonSupreme Court of Missouri · 1869
  2. Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
  3. Burgess v. O'DonoghueSupreme Court of Missouri · 1886
  4. City of St. Louis v. R. J. Gunning Co.Supreme Court of Missouri · 1897
  5. Sidwell v. JettSupreme Court of Missouri · 1908

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3Cited by6 opinions

  1. Case v. SmithMissouri Court of Appeals · 1923
  2. Karicofe v. SchwanerMissouri Court of Appeals · 1917
  3. Meierhoffer v. HanselSupreme Court of Missouri · 1922
  4. State Ex Rel. Keith v. WrightMissouri Court of Appeals · 1936
  5. State Ex Rel. St. Charles Savings Bank v. HallSupreme Court of Missouri · 1928

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