Legal Opinion

State v. Schenkel

Missouri Court of Appeals

Decided February 18, 1908PublishedCited by 1 opinion

Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. The record shows all of the requirements of a toll road under sections 9547 and 9548 and 9476 of Revised Statutes of 1899. This is conceded by the defense but their eiaim is that that portion of the county court judgment in the record that finds and adjudges that this road possesses all the statutory requirements as to width, length and improvements necessary to toll roads is erroneous and false and that the…

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Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. The record shows all of the requirements of a toll road under sections 9547 and 9548 and 9476 of Revised Statutes of 1899. This is conceded by the defense but their eiaim is that that portion of the county court judgment in the record that finds and adjudges that this road possesses all the statutory requirements as to width, length and improvements necessary to toll roads is erroneous and false and that the correctness of that judgment can be made an issue in this cause. This precise question was decided in the negative by this…

1Opinion of the CourtGoode, J.

On December 23, 1903, the county court of Pike county by its order of record, duly considered, adjudged and decreed a certain gravel road in said county extending from the city of Louisiana to Ashley, should be, and the same was, established and declared a toll road under the provisions of an act of the General Assembly approved May 5, 1899, and contained in the Session Acts of said year on pages 345 and 346. Said act was incorporated in the Revised Statutes of 1899 as sections 9547 and 9548; and the former section (9547) was repealed and a new section enacted in lieu thereof by an act of the…

2Cases cited25 opinions

  1. Johnson v. BeazleySupreme Court of Missouri · 1877
  2. Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
  3. Lingo v. BurfordSupreme Court of Missouri · 1892
  4. Shawhan v. LofferSupreme Court of Iowa · 1868
  5. Porter v. . PurdyNew York Court of Appeals · 1864

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3Cited by1 opinion

  1. Boyer v. BurtonOregon Supreme Court · 1916

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