Spurgeon v. Bartlett
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Ben E. , Turner, Judge. (1) The road commissioner did not, §,s a fact, view, mark out and survey, the route and line of this road, which must be done. Revised Statutes, .1889, sec. 7798. This means an actual survey — viewing and marking out of the' line of the road, is the actual measurement — fixing corners and marking boundaries, .etc.
Read the full summary
Appeal from the Clark Circuit Court. — Hon. Ben E. , Turner, Judge. (1) The road commissioner did not, §,s a fact, view, mark out and survey, the route and line of this road, which must be done. Revised Statutes, .1889, sec. 7798. This means an actual survey — viewing and marking out of the' line of the road, is the actual measurement — fixing corners and marking boundaries, .etc. Revised Statutes, 1889, sec. 6570; Sutherland on Statutory Construction, page 304; United States v. Gresham, 8 Wall, 330; Dawsonv. Dawson, 23 Mo. App. 169. The words “to mark out” mean to determine by marks on the…
1Opinion of the CourtBond, J.
— This is an application to the county court of Clark county for the establishment of a new road, which was properly signed, specifying the proposed beginning, course,' and termination thereof, and otherwise in conformity with section 7796, Eevised Statutes, 1889.
After due notice the petition was publicly presented to the county court of said county, and thereupon the remonstrance of appellants was presented and heard by the court, and also the testimony of the witnesses of the respective parties in regard to the public necessity and practicability of the proposed road; after which the court…
2Cases cited6 opinions
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- City of St. Louis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Anderson v. PembertonSupreme Court of Missouri · 1886
- Quincy, Missouri & Pacific Railroad Co. v. KelloggSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.