Chicago, Santa Fe & California Railway Co. v. Eubanks
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. The exact question here presented was decided adversely to the respondent by the supreme court of Missouri in Railroad v. Fowler, 113 Mo. 458. It was there held that the land owner is not entitled to interest on the award, since he has the right to withdraw it at any time. Appellant, having failed to file such an abstract of the record as is required by rule 15 of this court, the appeal should be dismissed.
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Appeal from Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. The exact question here presented was decided adversely to the respondent by the supreme court of Missouri in Railroad v. Fowler, 113 Mo. 458. It was there held that the land owner is not entitled to interest on the award, since he has the right to withdraw it at any time. Appellant, having failed to file such an abstract of the record as is required by rule 15 of this court, the appeal should be dismissed. School Dist. v. Clark (Oct. term, 1892, of this court); Hansman v. Hope, 20 Mo. App. 193.
1Opinion of the CourtRobinson, J.
This is a proceeding under the statute for the condemnation of a right of way through the lands of defendant in Chariton county, for the use of plaintiff railway company.
After the usual formal preliminaries, commissioners filed their report awarding to defendant the sum of $1,600 as his damages for the appropriation. Plaintiff then paid into- court for the use of defendant the amount of the award, filed its exceptions to the report of the commissioners, took possession of the condemned strip of land and began the construction of its road thereon; and when the case first came on for hearing in…
2Cases cited4 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Snyder v. CowanSupreme Court of Missouri · 1894
3Cited by6 opinions
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1939
- Marion v. City of DetroitMichigan Supreme Court · 1938
- State ex rel. State Highway Commission v. KimberlinMissouri Court of Appeals · 1954
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