Chandler v. Reading
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) Upon the presentation of the petition, for a private road by plaintiff, the court failed to find that the land described in plaintiff’s petition was in Pike county, Missouri. And.the court also failed to find that the plaintiff was a resident of Pike county, Missouri. Fisher v. Davis, 27 Mo.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) Upon the presentation of the petition, for a private road by plaintiff, the court failed to find that the land described in plaintiff’s petition was in Pike county, Missouri. And.the court also failed to find that the plaintiff was a resident of Pike county, Missouri. Fisher v. Davis, 27 Mo. App. 326; Railroad v. County, 96 Mo. 39; Anderson v. Pemberton, 89 M'o. 61. (2) The county court failed to find, when the petition was presented, that the private road asked for was a way of necessity. Constitution of Mo., art. 2, sec. 20;…
1Opinion of the CourtBland, P. J.
The proceeding was to establish a private road in Pike county, Missouri, leading from plaintiff’s land over the lands of defendants to a public *65road. The proceedings in the county court resulted in the assessment of damages and a judgment of the county court establishing the road. Defendants appealed to the circuit court, where on a trial anew damages were assessed by a jury and the road established by the judgment of the court, from which judgment defendant appealed to this court. None of the evidence heard on the trial is contained in the record or in the abstracts filed by defendants. The…
2Cases cited3 opinions
- Colville v. JudySupreme Court of Missouri · 1881
- Coberly v. ButlerMissouri Court of Appeals · 1895
- Barr v. FlynnMissouri Court of Appeals · 1886
3Cited by7 opinions
- Crystal Park Co. v. MortonColorado Court of Appeals · 1915
- Richter v. RodgersSupreme Court of Missouri · 1931
- State Ex Rel. Palmer v. ElliffSupreme Court of Missouri · 1933
- Reading v. ChandlerSupreme Court of Missouri · 1917
- State v. Van PattonMissouri Court of Appeals · 1936
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