Union Depot Co. v. Frederick
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The condemnation in controversy here can be collaterally attacked because the plain and positive provisions of the law were disregarded in the proceedings, in that a lump assessment was made of a tract of which Frederick only owned a part, and his part was not separately assessed.
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Appeal from Jackson Circuit Court. (1) The condemnation in controversy here can be collaterally attacked because the plain and positive provisions of the law were disregarded in the proceedings, in that a lump assessment was made of a tract of which Frederick only owned a part, and his part was not separately assessed. (2) The condemnation was utterly void because in violation of the constitution, in this, that no separate assessment was ever made of Frederick’s land, and no compensation paid to him, or for his use for it. Whatever the statutory provision might have been, such a proceeding…
1Opinion of the CourtMacfarlane, J.
— The suit is injunction to restrain defendant, Frederick, and his co-defendant, the sheriff, from executing a writ of possession against the Missouri River, Fort Scott and Gulf Railroad Company, for a certain parcel of land, for which defendant Frederick had obtained a judgment in ejectment against said railroad company; A demurrer to the petition was overruled, defendants declined to plead further, and a perpetual injunction was adjudged, to reverse which this writ of error is prosecuted. The .question is, whether the petition states facts which entitle plaintiff to the relief granted.
The…
2Cases cited29 opinions
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Lingo v. BurfordSupreme Court of Missouri · 1892
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3Cited by37 opinions
- Brown v. WeareSupreme Court of Missouri · 1941
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Leonard v. SparksSupreme Court of Missouri · 1893
32 more not listed; retrieve them via the Exa API.