Quincy, Missouri & Pacific Railroad Co. v. Kellogg
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. Tire proceedings for condemnation of the land were according to the statute. II. The authorities cited by respondent have no application here. I. The respondent, being a non-resident, was improperly joined in the same petition with other non-resident and resident defendants. (Wagn. Stat., 328, § 5.) II.
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Appeal from Adair Circuit Court. I. Tire proceedings for condemnation of the land were according to the statute. II. The authorities cited by respondent have no application here. I. The respondent, being a non-resident, was improperly joined in the same petition with other non-resident and resident defendants. (Wagn. Stat., 328, § 5.) II. The petition and order of publication and report should < have described the land “which the Company seeks to acquire” by describing it exactly; as described, the appellant can shift its course and do respondent great injury. (Wagn. Stat., 326, § 1; 22 Ill.,…
1Opinion of the CourtVories, Judge
This was a proceeding commenced by the plaintiff, in the Adair Circuit Court, under the fifth article of the statute of this State concerning corporations, for the purpose of condemn*336ing or appropriating lands for the road-bed of a railroad to be constructed by plaintiff.
The proceeding was commenced against defendant Kellogg, and between fifteen or twenty other defendants; all of whom resided in the Oounty, or Circuit, where the proceeding was commenced, but said defendant, Kellogg, and two others,who were non-residents of the State. The resident defendants were personally served by summons,…
2Cases cited1 opinion
- Quincy & Palmyra Railroad v. TaylorSupreme Court of Missouri · 1868
3Cited by10 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Kansas City Interurban Railway Co. v. DavisSupreme Court of Missouri · 1906
- Miller v. Hagie, Barnard, DeahlWyoming Supreme Court · 1943
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