City of Mound City v. Mason

This appeal is from a judgment assessing compensation in favor of the appellant in a proceeding under the Eminent Domain act to condemn his land for the purpose of obtaining earth to raise and strengthen the levee system of the city of Mound City.

A motion to dismiss the petition for want of power in the petitioner to condemn the property was denied. It should have been allowed. A petition in conformity with the statute granting the right of condemnation is necessary to give the court jurisdiction to proceed under the Eminent Domain- act. It should set forth all the facts necessary to…