Allen v. Welch
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) In a proceeding to establish a private road the appeal is governed by sections 1674 and 1788, Revised Statutes 1899, and when the case reaches the circuit court it is tried de novo and without regard to errors committed by the county court.
Read the full summary
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) In a proceeding to establish a private road the appeal is governed by sections 1674 and 1788, Revised Statutes 1899, and when the case reaches the circuit court it is tried de novo and without regard to errors committed by the county court. Colville v. Judy, 73 Mo. 651; Bennett v. Hall, 184 M'o. 407. (2) The defendant’s ‘motion, which he filed in the circuit court, praying the court to dismiss the proceeding on the ground that the record of the county court failed to show that it had acquired jurisdiction over the person of…
1Opinion of the CourtJohnson, J.
This is a proceeding begun in the county court of Chariton county for the opening of a private road. The allegations of the petition filed in that court show, in substance, that plaintiff and defendant are adjoining landowners; that plaintiff resides on his land, that it borders on no public road and that no private road connects it with the nearest highway; “that the road or way hereinafter prayed for is one of necessity and indispensable to the petitioner as he has no outlet to market, to church, postoffice or to school, and that the road prayed for is the nearest, most direct and…
2Cases cited17 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Colville v. JudySupreme Court of Missouri · 1881
- Ryan v. KellyMissouri Court of Appeals · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Richter v. RodgersSupreme Court of Missouri · 1931
- Walker v. SundermeyerSupreme Court of Missouri · 1917
- Merchants Savings & Loan Ass'n v. Ancona Realty Co.Missouri Court of Appeals · 1935
- Schnitker v. SchnitkerMissouri Court of Appeals · 1985