School District v. Jones
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) If plaintiff lias the right to maintain these proceedings, such authority must come from a statute, plain and unmistakable in its terms, which must be strictly followed.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) If plaintiff lias the right to maintain these proceedings, such authority must come from a statute, plain and unmistakable in its terms, which must be strictly followed. Statutes authorizing condemnation proceedings are to be strictly construed, and every prerequisite to the exercise of the jurisdiction observed. .School District v. Dorton, Jgg Mo. 439; St. Louis v. Koch, 169 Mo. 587, 15 Cyc. 567; State v. Farrelly, 36 Mo. App. 282; Ligare v. Chicago, 139 111. 46; , Cooley’s Const. Lim. (7 Ed.), pp. 762, 763; Lewis on Eminent…
1Opinion of the CourtGraves, J.
— This is an action brought by the school district of Columbia, to condemn land for a schoolhouse site. The plaintiff since 1872 has been acting as a city school district, with a board of six directors. In April, 1909, said school district had voted and sold bonds in the sum of $17,500' for the purpose of buying a site and erecting a schoolhouse thereon. In May, 1909, the board of directors, by an affirmative *515vote of more than two-thirds of its members, selected the site involved in this suit. The petition, after alleging these facts, and describing the land sought to be condemned, thus…
2Cases cited5 opinions
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- Black v. EarlySupreme Court of Missouri · 1907
- Stewart v. JonesSupreme Court of Missouri · 1909
- Burnham v. RogersSupreme Court of Missouri · 1902
- School District No. 35 v. HodginSupreme Court of Missouri · 1904
3Cited by8 opinions
- United States v. RodgersSupreme Court of the United States · 1983
- BOARD OF EDUCATION OF CITY MINOT v. Park DistrictNorth Dakota Supreme Court · 1955
- United States v. 818.76 Acres of LandDistrict Court, W.D. Missouri · 1969
- State ex inf. Taylor v. Pretended Consolidated School District No. 3Supreme Court of Missouri · 1951
- United States v. 403.15 Acres of Land, More or LessDistrict Court, M.D. Tennessee · 1970
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