City of Stockton v. Bacon
Missouri Court of Appeals
Appeal from Polk County Circuit Court.—Hon. Argus Cox, Judge. (1) Appeals under Sec. 5993, R. S. 1899, are regulated by the law in regard to appeals from justices of the peace, and as defendant by leave of court filed a proper amended affidavit for appeal before plaintiff’s motion to dismiss was passed upon, her appeal should not have been dismissed. Sec. 4072, R. S. 1899. (2) Cities of the fourth class have no power to condemn property for a cemetery.
Read the full summary
Appeal from Polk County Circuit Court.—Hon. Argus Cox, Judge. (1) Appeals under Sec. 5993, R. S. 1899, are regulated by the law in regard to appeals from justices of the peace, and as defendant by leave of court filed a proper amended affidavit for appeal before plaintiff’s motion to dismiss was passed upon, her appeal should not have been dismissed. Sec. 4072, R. S. 1899. (2) Cities of the fourth class have no power to condemn property for a cemetery. Secs. 5217, 5220, 5972, 5993, R. S. 1899. (1) Appellant was bound under Sec. 4060, R. S. 1899, to make her appeal within ten days from March…
1Opinion of the CourtRobertson, P. J.
—This case first reached the Kansas City Court of Appeals, was transferred to the Supreme Court, is reported in 240 Mo. 482 and recently arrived here. It is a proceeding under section 9415, Revised Statutes 1909, to condemn a tract of land for cemetery purposes.
On July 10, 1905, the city of Stockton adopted an ordinance providing for the condemnation of the land and the appointment of a jury to assess the damages. In pursuance of that ordinance the mayor on July-26, 1905, appointed the jury which served a notice as provided for in said section of the statute, and on March 16, 1906, the report…
2Cases cited3 opinions
- City of Caruthersville v. BarnettMissouri Court of Appeals · 1910
- City of Stockton v. BaconSupreme Court of Missouri · 1912
- Petz v. HoffmanMissouri Court of Appeals · 1910