Missouri Laws 247.330 – Dismissal of petition, when — costs — no appeal — effect of dismissal
Terms Used In Missouri Laws 247.330
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Upon the said hearing if the court finds that the petition has not been signed, filed and presented in conformity with sections 247.230 to 247.670, or that the material facts are not as set forth in the petition filed, or that sufficient facts have not been presented to justify the incorporation of the district, it shall dismiss said proceedings and adjudge the costs against the signers of the petition, or petitions, in such proportion as it shall deem just and equitable. No appeal or writ of error shall lie from an order dismissing said proceedings; but nothing herein shall be construed to prevent the filing of a subsequent petition, or petitions, for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.