County of Cooper v. Geyer
Supreme Court of Missouri
Appeal from Cooper Circuit Court. This was a proceeding in the Cooper county court to change the location of a specified part of a county road leading from Boonville to Pisgah. The proceeding originated in a petition of Gilbert Reeves and others, which specified the part of the road sought to be changed, and the private convenience that would result therefrom, and asked the court to appoint commissioners to review the proposed change.
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Appeal from Cooper Circuit Court. This was a proceeding in the Cooper county court to change the location of a specified part of a county road leading from Boonville to Pisgah. The proceeding originated in a petition of Gilbert Reeves and others, which specified the part of the road sought to be changed, and the private convenience that would result therefrom, and asked the court to appoint commissioners to review the proposed change. The petition stated that the road, as established, ran through the land of some of the petitioners, in such a way as to prevent them from cultivating the same.…
1Opinion of the CourtScott, Judge
1. In the case of Oberbeck & Shaw v. Gallaway, 10 Mo. Rep. 364, this court held, that no appeal will lie from the order of a county court establishing or changing a road, unless some private right be affected by such order, and that no person can become a party to such proceeding, so as to be entitled to an appeal, unless his private rights are affected thereby.
A general appellate jurisdiction is given by statute, from the county to the Circuit Courts, but there is no provision describing the manner in which this jurisdiction shall be exercised. Cases may arise in which the want of such a…
2Cases cited1 opinion
- Overbeck & Shaw v. GallowaySupreme Court of Missouri · 1847
3Cited by3 opinions
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- McVey v. McVeySupreme Court of Missouri · 1873
- Walker v. LikensSupreme Court of Missouri · 1857