City of Boonville v. Ormrod's Administrator
Supreme Court of Missouri
Appeal from Cooper Circuit Cowrt. This was a proceeding instituted in behalf of the city of Boonville under its charter for the purpose of opening and extending Chestnut street in said city over real estate belonging to the heirs of Joseph Ormrod, deceased. A summons was issued for a jury of freeholders to assess the damages and benefits. Notice of the proceeding was given to John M. McCutchen, administrator of said Joseph Ormrod, deceased.
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Appeal from Cooper Circuit Cowrt. This was a proceeding instituted in behalf of the city of Boonville under its charter for the purpose of opening and extending Chestnut street in said city over real estate belonging to the heirs of Joseph Ormrod, deceased. A summons was issued for a jury of freeholders to assess the damages and benefits. Notice of the proceeding was given to John M. McCutchen, administrator of said Joseph Ormrod, deceased. The jury viewed the premises, and assessed the sum of $200 as damages to the estate of Ormrod. The administrator appealed to the circuit court. The jury…
1Opinion of the CourtScott, Judge
This was a proceeding on the part of the plaintiff to condemn for public use lands belonging to the estate of Joseph *195Ormrod, deceased. Notice of the intention to take such steps was given to John M. McCutchen, administrator of Ormrod, but none was served on the heirs of the deceased.
In order to ascertain who are the parties to a legal proceeding we look in the record for those who have been served with notice or who appear and defend. The respondent seems to have been aware of the necessity of giving notice to those whose rights were to be affected, but, while acknowledging this necessity,…
2Cases cited1 opinion
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
3Cited by9 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Cairo & Fulton Railroad v. TroutSupreme Court of Arkansas · 1877
- State Ex Rel. Attorney-General v. Kansas CitySupreme Court of Missouri · 1925
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