Southern Missouri & Arkansas Railroad v. Wyatt
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — lion. J. L. Fort, Judge. (1) The motion in arrest of judgment should have been sustained. The verdict of the commissioners was never reviewed by the court; never set aside or affirmed. Under R. S. 1889; Sec. 1268, it is necessary for the court to review the report of the commissioners and to set the same aside on a proper showing.
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Appeal from Ripley Circuit Court. — lion. J. L. Fort, Judge. (1) The motion in arrest of judgment should have been sustained. The verdict of the commissioners was never reviewed by the court; never set aside or affirmed. Under R. S. 1889; Sec. 1268, it is necessary for the court to review the report of the commissioners and to set the same aside on a proper showing. The finding of the commissioners appointed to appraise land to be condemned for railroad purposes, is not conclusive upon the circuit court, but, on written exceptions filed by either party, the court may examine the evidence and…
1Opinion of the CourtBurgess, J.
Plaintiff, the Southern Missouri & Arkansas Railroad Company, instituted this suit in the circuit court of Ripley county to condemn a right of way for its railroad through the lands of a number of parties, among them the respondent, J. S. Wyatt. The latter owned two tracts of land through which said railroad company attempted to condemn a right of way, one of which, designated as parcel No. 7, is described in the petition as the south half of the northeast quarter of section 16, township 22, range 4, east; and the other, parcel No. 9, is described as the north half of the southeast quarter…
2Cases cited32 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- State v. PittsSupreme Court of Missouri · 1875
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
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3Cited by6 opinions
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- State ex rel. State Highway Commission v. CurtisSupreme Court of Missouri · 1955
- Industrial Sav. Bank v. MitchellAlabama Court of Appeals · 1932
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
1 more not listed; retrieve them via the Exa API.