Taney Cnty. v. Addington, 296 S.W.2d 129 (Mo. Ct. App. 1956). · Go Syfert
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Taney Cnty. v. Addington, 296 S.W.2d 129 (Mo. Ct. App. 1956). Cases Citing This Book View Copy Cite
15 citation events across 2 distinct courts.
Strongest positive: Corder v. Corder (moctapp, 1977-01-31)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Corder v. Corder
Mo. Ct. App. · 1977 · confidence medium
Louis District; and Taney County v. Addington, 296 S.W.2d 129, 129 [1] (Mo.App.1956).
discussed Cited as authority (rule) Godsy v. Godsy
Mo. Ct. App. · 1975 · confidence medium
The scope of this court’s duty to inquire into and determine its jurisdiction in this case, even though none of the parties have directly questioned the matter, finds clarity of expression in Taney County v. Addington, 296 S.W.2d 129, 129 [1] (Mo.App. 1956): “Appellate jurisdiction may not be conferred by waiver, acquiescence or even express consent [Collier v. Smith, Mo. App., 292 S.W.2d 627, 630 (4), and cases cited in footnote 8; Bowman v. Phelps County, Mo.App., 36 S.W.2d 414 (3) ]; and, although (as in the instant proceeding) none of the parties have questioned our appellate jurisdict…
discussed Cited "see" Cobble ex rel. Cobble v. McDonald
Mo. Ct. App. · 1958 · signal: see · confidence high
Art. 5, sec. 11, Constitution of 1945; Starr v. Mitchell, Mo.App., 231 S.W.2d 299 ; Mo., 237 S.W.2d 123 ; Winslow v. Sauerwein, 365 Mo. 269 , 282 S.W.2d 14 ; see Taney County v. Addington, Mo. App., 296 S.W.2d 129 ; Mo., 304 S.W.2d .842; but see also McMurray v. Kansas City Gas Co., 353 Mo. 1180 , 186 S.W.2d 593 .
Retrieving the full opinion text from the archive…
TANEY COUNTY, Missouri, Plaintiff-Appellant,
v.
Fred ADDINGTON and Norene Addington, Defendants-Respondents
7546.
Missouri Court of Appeals.
Dec 1, 1956.
296 S.W.2d 129
1956 Mo. App. LEXIS 195
Robert L. Gideon, Douglas Mahnkey, Forsyth, for plaintiff-appellant., Rogers & Rogers, Gainesville, for defendants-respondents.
Stone, McDowell, Ruark.
Cited by 15 opinions  |  Published
STONE, Judge.

In this proceeding to condemn the right-of-way of a public road across the 193-acre farm of defendants Addington, Taney County appeals from a judgment of $2,000 entered ■ against it upon a jury verdict in the circuit court assessing defendants’ damages in that sum.

Appellate jurisdiction may not be conferred by waiver, acquiescence or even express consent [Collier v. Smith, Mo.App., 292 S.W.2d 627, 630(4), and cases cited in footnote 8; Bowman v. Phelps County, Mo.App., 36 S.W.2d 414(3)]; and, although (as in the instant proceeding) none of the parties have questioned our appellate jurisdiction, it becomes our initial duty in each case to inquire into and determine our jurisdiction, sua sponte. Perkins v. Burks, Mo., 61 S.W.2d 756, 757(1) ; State ex rel. and to Use of Hickory County v. Davis, Mo.App., 292 S.W.2d 322(1); Fort Osage Drainage Dist. of Jackson County v. Jackson County, Mo.App., 264 S.W.2d 792(1).

This proceeding was instituted and has been conducted “in the name of the county” pursuant to Section 228.100, RS-Mo 1949, V.A.M.S.; Taney County has been at all times, and is now, a party to the record; and, the instant appeal is by Taney County from a judgment entered against it. Under these circumstances, exclusive appellate jurisdiction is in the Supreme Court. Article 5, Section 3, Missouri Constitution of 1945, 2 V.A.M.S.;[*130] Mooney v. County of St. Louis, Mo., 286 S.W.2d 763, 764-765(1); Fort Osage Drainage Dist. of Jackson County v. Jackson County, Mo., .275 S.W.2d 326, 328(1); Odell v. Pile, Mo., 260 S.W.2d 521, 522(1). See also Franklin County v. Missouri Pac. Ry. Co., Mo.App., 183 S.W. 1099, transferred, Mo., 210 S.W. 874, likewise a proceeding “to open a public road.”

Accordingly, the clerk of this court is directed to transfer this cause forthwith (Section 477.080, RSMo 1949, V.A.M.S.], together with a copy of this order, to the clerk of the Supreme Court of Missouri.

McDOWELL, P. J., and RUARK, J., concur.