State v. Macy
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Steep, Judge. (1) The petition for the new road, and the release of the right of way therefor, signed by the witness Grimes, and the records of the township board, were competent evidence for the purpose of impeachment, and should have been admitted for the purpose, as well as to disprove the prior existence of the road.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Steep, Judge. (1) The petition for the new road, and the release of the right of way therefor, signed by the witness Grimes, and the records of the township board, were competent evidence for the purpose of impeachment, and should have been admitted for the purpose, as well as to disprove the prior existence of the road. State v. Patrick, 107Mo. 147,161; 1 G-reenleaf on Evidence [Red-field’s Ed.], secs. 462, 463; Cooke v. Railroad, 57 Mo. App. 471, 480; Spohn v. Railroad, 122 Mo. 1; State v. Starr, 38 Mo. 270; State v. Purdin, 68 Mo. 99;…
1Opinion of the CourtEllison, J.
The defendant was indicted, tried, and eonvicted for obstructing a public road. The state’s case depended upon adverse user by the public for the necessary period of limitation. Witnesses for the state gave testimony that the road had been so used and was so recognized by them and the public. Some of them testified to having worked the road for the public. The defendant then, for the purpose of showing that they *328had not so recognized the road and that it had not been so recognized and used, on cross-examination asked if they had not signed a petition to establish a public road along the line…
2Cases cited6 opinions
- State v. PatrickSupreme Court of Missouri · 1891
- Johnson v. DuerSupreme Court of Missouri · 1893
- McBeth v. TrabueSupreme Court of Missouri · 1879
- State v. PullenMissouri Court of Appeals · 1891
- State v. BishopMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. MacyMissouri Court of Appeals · 1897