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32 Mo. App. 555

Crum v. Hathaway

Missouri Court of Appeals

Decided December 10, 1888

Missouri Court of Appeals · decided 1888-12-10

— Hon. E. M. Hughes, Judge. Statement of case by the court. Held: that while the new schoolhouse was built without authority of law, plaintiffs were not entitled to relief on account of the length of time they had delayed instituting their suit. Plaintiffs’ bill was dismissed, and after an unsuccessful motion for a new trial, they appealed to this court.

Relies on Stamper v. Roberts

Affirmed · Decided 1888-12-10

Ellison, P.J.

¶1— Con ceding that the proceedings taken for the change of the school-house site and for building the new schoolhouse were not in accordance with the statute in such cases, we must, nevertheless, affirm the judgment dismissing plaintiffs’ bill on the ground of laches in demanding relief. We make this ruling under the authority of the case of Stamper v. Roberts, 90 Mo. 683, by which we are bound, where an interval of four years was held to be sufficient laches to disallow relief, in a case sufficiently like this to be of controlling authority.

¶2The judgment is therefore affirmed.

All concur.
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