Williams v. Kirby
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) The proceeding for condemnation, being in rem and purely statutory, every material requirement of the statute must be strictly complied with, and all facts required by the statute to be stated must affirmatively appear on the face of the record, ox the county court will not acquire jurisdiction over the subject-matter.
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Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) The proceeding for condemnation, being in rem and purely statutory, every material requirement of the statute must be strictly complied with, and all facts required by the statute to be stated must affirmatively appear on the face of the record, ox the county court will not acquire jurisdiction over the subject-matter. Eailroad v. Young, 96 Mo. 41; Jefferson Co. v. Cowan, 54 Mo. 237; Whitely v. Platte Co., 73 Mo. 30; Zimmermann v. Snowden, 88 Mo. 220; Anderson v. Pemberton, 89 Mo. 65; Colville v. Judy, 73 Mo. 654;…
1Opinion of the CourtBuegess, J.
— This proceeding was begun in the county court of New Madrid county, by plaintiffs, to- condemn for levee purposes a right of way over certain .lands belonging to the defendant. The strip of land sought to be condemned was described in the posted notice as follows: “A strip of land 112 feet wide, beginning on the north boundary line of survey No. 28>28, running in a northerly direction to the south boundary line of survey No. 1051, and lying west of and immediately adjacent to the Point Pleasant and New Madrid public road.”
After this notice was posted, a petition for- condemnation was filed…
2Cases cited7 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- Anderson v. PembertonSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
- Kansas City Sanitary Co. v. Laclede CountySupreme Court of Missouri · 1925
- Grading Bledsoe Hill v. BledsoeSupreme Court of Missouri · 1906
- Allen v. WelchMissouri Court of Appeals · 1907
- Clark v. KilbrideSupreme Court of Missouri · 1920
3 more not listed; retrieve them via the Exa API.