Chicago, Rock Island & Pacific Railway Co. v. Young
Supreme Court of Missouri
Appeal from, Clinton Circuit Court. — Hon. G. W. Dunn, Judge. (1) There is no pretense that an effort was made at any time to agree with appellant for a relinquishment of' the right of way. This was a jurisdictional fact which should at least have been alleged in the report of the road commissioner; and in the absence of such allegation the county court liad no jurisdiction to appoint a jury to assess the damages, nor to make the order establishing the road.
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Appeal from, Clinton Circuit Court. — Hon. G. W. Dunn, Judge. (1) There is no pretense that an effort was made at any time to agree with appellant for a relinquishment of' the right of way. This was a jurisdictional fact which should at least have been alleged in the report of the road commissioner; and in the absence of such allegation the county court liad no jurisdiction to appoint a jury to assess the damages, nor to make the order establishing the road. Linds v. Clemens, 44 Mo. 540 ; Ells v. Railroad, 51 Mo. 200 ; United States v. Reed, 56 Mo. 565, 572; Railroad n. Campbell, 62 Mo.…
1Opinion of the CourtSherwood, J.
By certiorari, the Chicago, Rock Island & Pacific Railway Company brought up to the circuit court certain proceedings had in the county court for opening a public road, and when the proceedings of the county court were thus brought up for revision, moved to quash them for reasons to be presently noticed. This motion was denied.
Whenever the proceedings of a court, summary in their nature, are had with the view to take or condemn *42the property of a citizen, it must affirmatively appear on the face of such proceedings, that all facts necessary to confer jurisdiction existed, before final action…
2Cases cited13 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- State v. KellySupreme Court of Missouri · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- City of Sedalia ex rel. Gilsonite Construction Co. v. ScottMissouri Court of Appeals · 1904
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
- Seafield v. BohneSupreme Court of Missouri · 1902
28 more not listed; retrieve them via the Exa API.