Bingham v. Kollman
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. B. B. Middlebrook, Judge. (1) The order of June 4, 1878, by the county court of Jackson county declaring vacated as a public street Tracy avenue from Independence avenue south to Sixth street, in Kansas City, is insufficient as matter of law as shown by the proceedings of said court in evidence, to destroy such street or abrogate public right thereto, (a) Said county court is not shown to have had jurisdiction of the subject-matter.
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Appeal from Jackson Circuit Court. — Eon. B. B. Middlebrook, Judge. (1) The order of June 4, 1878, by the county court of Jackson county declaring vacated as a public street Tracy avenue from Independence avenue south to Sixth street, in Kansas City, is insufficient as matter of law as shown by the proceedings of said court in evidence, to destroy such street or abrogate public right thereto, (a) Said county court is not shown to have had jurisdiction of the subject-matter. The proceedings were had under the act approved January 30, 1866, Laws 1865-6, p. 200. The petition here in question…
1Opinion of the Court
OPINION.
I. ,
BOND, J.
(after stating the facts as above). — It is conceded by both parties and the facts show, as stated in the brief by counsel for appellant, “that the crux of the case for this court is: Was Tracy avenue between Sixth street and Independence avenue lawfully vacated by the county court in June, 1878?” Consequent to the solution of that question another inquiry might arise, whether the defendants Ford, who deraigned title from certain persons who joined in the petition to vacate the strip in controversy, are thereby estopped from questioning the validity of the vacation?
Defendan…
2Cases cited7 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Williams v. SandsSupreme Court of Missouri · 1913
- Covington v. ChamblinSupreme Court of Missouri · 1900
- Sullivan v. DonnellSupreme Court of Missouri · 1886
- Rinehart v. LongSupreme Court of Missouri · 1888
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3Cited by8 opinions
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