ELROD v. MARIES COUNTY

No. 22643.

309 S.W.2d 12 (1958)

Everett ELROD, Gusta Terrill, Lee Imboden, Elsie Mae Imboden, Ray Imboden, Charley Imboden and 26 other remonstrants as appear by remonstrants of record, and similarly situated, Appellants, v. MARIES COUNTY, Missouri, J. B. Murphy, Wayne Terry and D. W. Mosher, Judges of the County Court of Said Maries County, Missouri, and William L. Evans, H. O. Mallow, C. A. Mallow, Walter Willoughby, Edith Holman, Davis Holman, Mose Cox, Ruth Cox, Shirley Jones, Alfred Jones, and 200 others, all signers of a petition to the County Court of Maries County, Missouri, praying for the establishment of a public road in the municipal township of Jefferson in said county, Respondents.

Kansas City Court of Appeals. Missouri.

January 6, 1958.


Attorney(s) appearing for the Case

Claude T. Wood, Richland, John P. Peters, Linn, for appellants.

Weldon W. Moore, Rolla, Hugh Atwell, Eldon, for respondents.


SPERRY, Commissioner.

More than twelve freeholders of Maries County instituted this action by filing their petition with the county court for the establishment of a public road within Maries County. Other citizens filed remonstrance to the granting of said petition. Hearings were held and a large number of witnesses gave testimony pro and con. The county court eventually reached a decision, ordering that said public road...

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