Legal Opinion

Rose v. Kansas City

Supreme Court of Missouri

Decided April 12, 1895PublishedCited by 4 opinions

Appeal from Jachson Circuit Court. — Hon. J. H. Slover, Judge. (1) The county court of Jackson county had no power to hold regular monthly terms of said court alternately at Kansas City and Independence, and the proceedings had in said court at the June and July terms thereof, in the appointment of commissioners to assess damages for the opening of Grand boulevard— over the lands of Robert Hunter, mentioned in the petition — and the filing of their report thereon, were…

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Appeal from Jachson Circuit Court. — Hon. J. H. Slover, Judge. (1) The county court of Jackson county had no power to hold regular monthly terms of said court alternately at Kansas City and Independence, and the proceedings had in said court at the June and July terms thereof, in the appointment of commissioners to assess damages for the opening of Grand boulevard— over the lands of Robert Hunter, mentioned in the petition — and the filing of their report thereon, were without warrant or authority in law, and such appointment and report were and are void. Sess. Acts, 1873, p. 155, sec. 5;…

1Opinion of the Court

Gantt, P. J. —

This is an action of ejectment for a strip of land now known as a part of Grand avenue in Kansas City. The cause was tried in the circuit court of Jackson county on an agreed statement of facts and resulted in a judgment for defendants.

Prior to its incorporation into the city it was known as Grand Avenue boulevard and was opened by proceedings had in the county court of Jackson county, begun at the regular May term, 1884, of said court, and, unless these proceedings were void for want of jurisdiction in the county court, the judgment of the circuit court must be affirmed.

I. The…

2Cases cited4 opinions

  1. State ex rel. Wyatt v. VaileSupreme Court of Missouri · 1894
  2. State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  3. Fannon v. PlummerMissouri Court of Appeals · 1888
  4. Higgins v. RansdallSupreme Court of Missouri · 1850

3Cited by4 opinions

  1. City of Tarkio v. ClarkSupreme Court of Missouri · 1905
  2. Baubie v. OssmanSupreme Court of Missouri · 1898
  3. Halter v. LeonardSupreme Court of Missouri · 1909
  4. RONALD G. WONDEL, NORMA J. WONDEL, and BETTIE J. HUNNIUS, Petitioners-Appellants/Cross-Respondents and JAMES BROCK CHARTER IV and STEPHANIE CONNELL, Intervenors/Third Party Plaintiffs-Appellants/Cross-Respondents v. CAMDEN COUNTY COMMISSION and GREG HASTY, BEVERLY THOMAS, DON WILLIAMS, Respondents/Defendants-Respondents/Cross-Appellants and CLARK DEVELOPMENT COMPANY, INC. and ELLIS CLARK, TRUSTEE, Respondents/Defendants-Respondents/Cross-Appellants and THOMAS J. TANNER, Respondent/Defendant-RespondentMissouri Court of Appeals · 2021

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