223 Mo. 286 | Mo. | 1909
On the 6th of February, 1905, John A. Lynch et al. filed with the clerk of the county court of Buchanan county, a petition to establish and open a county road in said county. The petitioners allege that they were citizens of said county and at least twelve of them were duly qualified and competent adult petitioners, resident of and owners in their own
I. The plaintiffs rely upon practically two grounds only for the reversal of the judgment of the circuit court dissolving the temporary injunction and dismissing the bill.
The first insistence is that the county court acquired no jurisdiction of the proceedings to establish the public road in question for the reason, as alleged, that the petition did not contain the names of all the persons owning land which would be taken for the said public road. By reference to section 9414, Revised Statutes 1899, it will be noted that there is a proviso therein in these words: “Said petition shall be accompanied by the names of all resident persons owning land through which said proposed road or change of road shall run, with the amount of damages claimed
II. The contention that the proceeding was void and open to this collateral attack because the report of the county surveyor was made by his deputy in the name, of his principal, and not by the principal himself, is equally untenable.
By section 10194, Revised Statutes 1899, it is pro
In regard to the assignment, found in the brief for the first time, that the allowance for attorney’s fees to the respondents was unauthorized, it is sufficient to say that no such ground was assigned in the motion for new trial or in the regular assignments of error. Nor do we see any objection, any way, to the allowance of this fee, because it was only allowed after a final judgment had been rendered, after a full hearing of the cause, and after all the damages, including the attorney’s fees, had accrued up to that time.
It follows* that the judgment of the circuit court dissolving the injunction is sustained and affirmed, and that the final order continuing said injunction in force until the disposition of this appeal, should be, and is set aside, and the judgment in all other respects affirmed.