City of St. Louis v. Chas. F. Querl Lumber Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Kent Koerner, Judge. (1) The ruling of the court on exceptions to a Commissioner’s report in condemnation is not conclusive unless the exceptions are overruled and judgment it entered. No appeal lies until there is a judgment confirming the report. City v. Thomas, 100 Mo. 223. If the court sustains exceptions to the report, a new appraisement will follow if the proceedings are ’not dismissed.
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Appeal from St. Louis City Circuit Court. — Hon. Kent Koerner, Judge. (1) The ruling of the court on exceptions to a Commissioner’s report in condemnation is not conclusive unless the exceptions are overruled and judgment it entered. No appeal lies until there is a judgment confirming the report. City v. Thomas, 100 Mo. 223. If the court sustains exceptions to the report, a new appraisement will follow if the proceedings are ’not dismissed. The charter language is that the court “shall make such order therein as right and justice may require and may order a new appraisement upon good cause…
1Opinion of the CourtFaris, J.
The City of St. Louis, pursuant to an ordinance duly passed in that behalf, instituted proceedings against, appellant and others as defendants to condemn certain parcels of land, for the purpose of widening a street called Blase Avenue.
To this end a board of commissioners was appointed by the circuit court, who proceeded pursuant to law to ascertain and report their findings of the damages which would be sustained by the appropriation of the property of defendants in the proceedings for the use stated. Thesp commissioners found, and so reported to the circuit court, that appellant was the…
2Cases cited1 opinion
- Richardson v. Schuyler County Agricultural & Mechanical Ass'nSupreme Court of Missouri · 1900
3Cited by2 opinions
- City of St. Louis v. KochSupreme Court of Missouri · 1934
- State v. RandazzoSupreme Court of Missouri · 1927