Burke v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff, Mr. Thomas Burke, had judgment in the circuit court for damages for defendant’s appropriation of his land. Defendant appealed.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff, Mr. Thomas Burke, had judgment in the circuit court for damages for defendant’s appropriation of his land. Defendant appealed. The bill of exceptions,. filed by Mr. Burke in the condemnation proceeding, begun in 1879 (referred to in the opinion of the division), gives the following account of the trial therein in the circuit court, viz: “On the twenty-ninth day of November, 1881, said cause coming on for hearing, the following jury was duly selected and sworn: (Here their names appear). “The following evidence was…
1Opinion of the CourtBabclay, J.
— This action was brought to recover of defendant damages for taking possession of, and appropriating to public use, a lot of land in the City of Kansas, which lot formed a part of Seventh street at the time this case was begun, and was alleged to belong to plaintiff.
The city presented four defenses: first, a general denial; second, certain facts connected with a proceeding brought.in 1871 to condemn this property (which facts will appear further on); third, that the city had acquired plaintiff’s title by judgment in a condemnation action begun in 1879 (stating the particulars thereof), under…
2Cases cited5 opinions
- Hope v. BlairSupreme Court of Missouri · 1891
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Holt County v. CannonSupreme Court of Missouri · 1893
3Cited by6 opinions
- Compton v. City of SeattleWashington Supreme Court · 1905
- Scott Hardware Co. v. RiddleMissouri Court of Appeals · 1900
- New Madrid County v. PhillipsSupreme Court of Missouri · 1894
- Connors v. City of St. JosephSupreme Court of Missouri · 1911
- Zielda Forsee Investment Co. v. Phoenix Brick & Construction Co.Missouri Court of Appeals · 1910
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