Troeger v. Roberts
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) There was no notice to the plaintiff of the condemnation proceedings and they are void as to her. There was no assessment of damages in favor of plaintiff. The $3000 allowed by the viewers and attempted to be reduced by the county court to $1000 was not made in her favor or to unknown owners, but to William Troeger, and he, and no other, could be entitled to demand it.
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Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) There was no notice to the plaintiff of the condemnation proceedings and they are void as to her. There was no assessment of damages in favor of plaintiff. The $3000 allowed by the viewers and attempted to be reduced by the county court to $1000 was not made in her favor or to unknown owners, but to William Troeger, and he, and no other, could be entitled to demand it. Holmes v. Kansas City, 209 Mo. 513; Municipal Security Co. v. Kansas City, 195 Mo. App. 467. (2). If Section 5588, page 274, Laws 1913, was intended to…
1Opinion of the CourtWilliams, P. J.
This suit, originating in the Circuit Court of Livingston County, seeks to enjoin defendants from going upon certain described land of plaintiff’s for the purpose of constructing a drainage ditch.
A temporary injunction was first issued and after a final hearing the temporary injunction was made permanent until such time as defendants paid plaintiff the sum of $1088.50, that being the sum allowed as damages in the condemnation proceeding in favor of the land owned by plaintiff. Thereupon plaintiff duly appealed. There is no dispute as to the facts.
The pleadings may be sufficiently understood…
2Cases cited4 opinions
- Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- Barnes v. Missouri Valley Construction Co.Supreme Court of Missouri · 1914
- Speer v. Southwest Missouri RailroadSupreme Court of Missouri · 1915
3Cited by6 opinions
- Farmers Drainage Dist. v. Sinclair Refining Co.Supreme Court of Missouri · 1953
- Gulf Refining Co. v. BoninCourt of Appeals of Texas · 1922
- Drainage District No. 48 of Dunklin County v. SmallSupreme Court of Missouri · 1958
- State Ex Rel. Scott v. TrimbleSupreme Court of Missouri · 1925
- Realty Trust Co. v. HarrisCourt of Appeals of Texas · 1933
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