State ex rel. Mississippi River & Bonne Terre Railway Co. v. Dearing
Supreme Court of Missouri
Mandamus. (1) The court ordered that “said exceptions be stricken out, which is accordingly done, leaving in each of the cases only the exceptions challenging said report of the commissioners as to the inadequacy of .damages and compensation awarded defendant by such report.” (2) It is not true that, in the respect mentioned, the commissioners’ report is final.
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Mandamus. (1) The court ordered that “said exceptions be stricken out, which is accordingly done, leaving in each of the cases only the exceptions challenging said report of the commissioners as to the inadequacy of .damages and compensation awarded defendant by such report.” (2) It is not true that, in the respect mentioned, the commissioners’ report is final. If the report of commissioners to determine the place and manner of crossing is final, it must be because they are the commissioners provided for by section 21 of article 2 of the Constitution. Such commissioners must act .as a unit;…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court to obtain a peremptory writ of mandamus, directing Judge Dearing, judge of the Twenty-first judicial circuit of this State, to set aside an order made by him as judge of the circuit court of Jefferson county at the May term of said court for the year 1902, and on the 16th day of June, 1902, striking out the exceptions of the relator, the Mississippi River & Bonne Terre Railway Company, filed in certain condemnation proceedings by the Southern Missouri Railway Company, wherein said last mentioned company sought and seeks to- condemn .a right of way…
2Cases cited14 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. KleinSupreme Court of Missouri · 1897
- State ex rel. Smith v. SmithSupreme Court of Missouri · 1899
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3Cited by3 opinions
- State ex rel. Union Electric Light & Power Co. v. GrimmSupreme Court of Missouri · 1909
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908