Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 101
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...in error. (1) The objection that the petition seeks to vacate an existing public road and also to establish. a new road does not go to the jurisdiction. The most that could be complained of is that the petition joins in one count two causes of action, and this objection has been waived by the plaintiffs in error. Banh o. Dillon, 75 Mo. 381: Baker '0. Railey, 18 Mo. App. 562; Faddy '0. Smith. 23 Mo. App. 87; Brown '0. Railroad, 20 Mo. App. 427; Saulsbury 11. Alexander, 50 Mo. 142. (2) The description of the proposed road is sufliciently definite and certain for all practical purposes. The same rules apply to road descriptions as to descriptions of lands in deeds. Mills on Eminent Domain, secs. 377, 715; Southerland 1: . Holmes, 78 Mo. 400; Railroad '0. Kellogg, 54 Mo. 337; Butler o. Barr, 18 Mo. 361. (3 ) There was no error in admitting parol evidence to explain the call in the description of the route. But, if this was error, it is not preserved by the plaintiffs in error so that this court can pass up on it. No motion for a new trial was filed, and no exceptions are saved which this court can consider under its rules, and this case must' be determined simply upon the record as it is presented by the pleadings and the record entries. (4) Jurisdiction was conferred upon the county court by the filing of the petition. Laws of 1887, p. 245. Whether or not the facts stated in the petition are true, and whether or not sufiicient facts are stated, or whether or not they are supported by the evidence, the court will decide in the exercise of its jurisdiction. O/verton 2;. Johnson, 17 Mo. 450; Snoddy v. Pettts County, 45 Mo. 363. The jurisdiction of a court cannot be made to depend upon its decision upon the merits of thecase brought before...
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- 13 Sep 2013
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