In re Big Tarkio Drainage District

• Decision Date: 24 March 1914
• Citation: 165 S.W. 340,256 Mo. 163
• Parties: In re BIG TARKIO DRAINAGE DISTRICT v. HENRY NABOR, Appellant
• Court: Missouri Supreme Court

165 S.W. 340

256 Mo. 163

In re BIG TARKIO DRAINAGE DISTRICT v. HENRY NABOR, Appellant

Supreme Court of Missouri, Second Division

March 24, 1914

Appeal from Holt Circuit Court. -- Hon. W. C. Ellison, Judge.

Reversed and remanded (with directions).

H. B. Williams and Frank Petree for appellant.

John M. Williams and W. H. Richards for respondent.

ROY, C. Williams, C., concurs.

OPINION

ROY, C. --

All the material facts necessary to be passed upon in this case are the same as in the case of the same plaintiff against Fritz Voltmer, which has just been decided. [Ante, p. 152.] For the reasons stated in the opinion in that case, the judgment is reversed and the cause remanded with directions to dismiss the proceeding to assess benefits and damages.

Williams, C., concurs.

Per Curiam. -- The foregoing opinion of Roy, C., is adopted as the opinion of the court. All concur.