Garrett v. City of St. Louis
Supreme Court of Missouri
Error to St. Louis Laud Court. This was au agreed case submitted to the St. Louis Land Court under article 20 of the practice act of 1849. The following is the agreed case as submitted : “ The following facts are agreed upon between Peter Garrett, as plaintiff, and the City of St. Louis as defendant, and hereby submitted to the judge of said court for his decision thereon, which it is hereby agreed shall be entered as the judgment of the court, from which either party may…
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Error to St. Louis Laud Court. This was au agreed case submitted to the St. Louis Land Court under article 20 of the practice act of 1849. The following is the agreed case as submitted : “ The following facts are agreed upon between Peter Garrett, as plaintiff, and the City of St. Louis as defendant, and hereby submitted to the judge of said court for his decision thereon, which it is hereby agreed shall be entered as the judgment of the court, from which either party may apeal to the Supreme Court of the State. Under the charter, acts of the legislature, and ordinances of the city of St.…
1Opinion of the CourtNapton, Judge
The only question in this case is the constitutionality of the second section of the amended charter of St. Louis, passed February 23, 1853. This section, among other provisions, authorizes the city council to open a street; and when for this purpose it becomes necessary to take private property, it provides the following mode of ascertaining the compensation. After notice to the owner, the mayor is directed to empanel a jury, whose duty it is made to ascertain the actual value of the land proposed to be taken, without reference to the proposed improvement. To pay the sum thus ascertained the…
2Cases cited3 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
3Cited by52 opinions
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Morrison v. MoreySupreme Court of Missouri · 1898
- Warren v. HenlySupreme Court of Iowa · 1870
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