MARLER v. HART

No. 35046.

506 S.W.2d 97 (1974)

Lindell L. MARLER et al., Plaintiffs-Respondents, v. William H. HART et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division One.

February 13, 1974.


Attorney(s) appearing for the Case

Robert A. McIlrath, Flat River, Ronald A. McClary, St. Louis, for defendants-appellants.

Charles G. Hyler, Gary E. Stevenson, Farmington, for plaintiffs-respondents.


WEIER, Judge.

This is a proceeding to have a certain roadway declared a legally established public road under the provisions of § 228.190, RSMo.1969, V.A.M.S., and to permanently enjoin its obstruction by the defendants. The court granted plaintiffs the relief sought and defendants appeal.

This appeal must be dismissed because the notice of appeal was not timely filed.

The order and judgment granting plaintiffs' petition was entered at the close...

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