Missouri Laws 321.110 – Dismissal of proceedings — costs — review
Terms Used In Missouri Laws 321.110
- 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 hearing if the court finds that the petition has not been signed, filed and presented pursuant to the provisions of this chapter, 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 the proceedings and adjudge the costs against the signers of the petition, or petitions, in such proportion as it deems just and equitable. No appeal or writ of error shall lie from an order dismissing the proceeding; 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 proceeding is hereby expressly granted and authorized.