City of Moberly v. Lotter
Supreme Court of Missouri
Error to Macon-Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The circuit court never acquired jurisdiction over the property of any of the defendants, which would warrant it in appointing commissioners. The statute provides as a condition precedent that before the commissioners shall be appointed, and before any sewers can be constructed that the council, by ordinance, define the district.
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Error to Macon-Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The circuit court never acquired jurisdiction over the property of any of the defendants, which would warrant it in appointing commissioners. The statute provides as a condition precedent that before the commissioners shall be appointed, and before any sewers can be constructed that the council, by ordinance, define the district. R. S. 1909, secs. 924.1, 9262. The description in the ordinance creating the sewer district, to-wit: “thence west on the center line of Logan street to the east line of tract No. 96, thence north on the…
1Opinion of the CourtWalker, J.
This is a proceeding to condemn for sewer purposes certain lands of plaintiffs in error in the city of Moberly. A change of venue was granted to the circuit court of Macon county, where, upon a hearing, a judgment was rendered for the defendant in error on the 11th day of January, 1912. On the 2nd day of December, 1912, a writ of error was sued out in the Kansas City Court of Appeals and in compliance with the order of said court a copy of the final .judgment in the cause was filed therein. Defendant in error thereupon filed a motion to quash the writ, alleging, among other things, that title…
2Cases cited10 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Turner v. EdmonstonSupreme Court of Missouri · 1908
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3Cited by15 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Jones v. Eastern Michigan MotorbusesMichigan Supreme Court · 1939
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Prairie Pipe Line Co. v. ShippSupreme Court of Missouri · 1924
10 more not listed; retrieve them via the Exa API.