Union Depot Co. v. Frederick
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The condemnation in controversy here can be collaterally attacked because the plain and positive provisions of the law were disregarded in the proceedings, in that a lump assessment was made of a tract of which Frederick only owned a part, and his part was not separately assessed.
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Appeal from Jackson Circuit Court. (1) The condemnation in controversy here can be collaterally attacked because the plain and positive provisions of the law were disregarded in the proceedings, in that a lump assessment was made of a tract of which Frederick only owned a part, and his part was not separately assessed. (2) The condemnation was utterly void because in violation of the constitution, in this, that no separate assessment was ever made of Frederick’s land, and no compensation paid to him, or for his use for it. Whatever the statutory provision might have been, such a proceeding…
1DissentSherwood, J.
(dissenting). — The plaintiff corporation asked and obtained a perpetual injunction against Frederick, restraining him and his co-defendant, the sheriff, from having a writ of possession executed against the Missouri Biver, Fort Scott & Gulf Railroad Co., for a certain piece of ground for which Frederick had obtained judgment in ejectment in 1875, against .said railroad company. In 1877, the Union Depot Co. was organized and had condemned, as it is claimed, a portion of the land thus recovered by Frederick, and upon the basis of these condemnation proceedings the injunctive relief was asked…
2Cases cited26 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
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