Turlow v. Ross
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) The report of the commissioners appointed to assess damages, signed by a majority of them was legal and valid.
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Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) The report of the commissioners appointed to assess damages, signed by a majority of them was legal and valid. Sess, Acts 1893, p. 223, sec. 3; R. S. 1889., sec. 6570; Moore v. Wingate, 53 Mo. 398; Johnson v. Beasley, 65 Mo. 250; Quayle v. Railroad, 63 Mo. 473. (2) The defendants, under the circumstances disclosed by this record, will not be heard to say that their compensation has not been ascertained by a jury or board of commissioners of not less than three freeholders. That the constitutional provision has been complied…
1Opinion of the CourtWilliams, J.
This proceeding, instituted in the county court of Gentry county, under the provisions of the act of March 18,1893, for change of a public road, by twelve freeholders of the township in which such road is located, comes here by appeal from a judgment of dismissal in the circuit court, to which the case was taken from the county court.
Two grounds are assigned in the motion of the landowners to dismiss, sustained by the circuit court. One is that only two of the commissioners appointed to assess the damages qualified as such, and hence it is claimed the proceedings are void. The other alleges…
2Cases cited4 opinions
- Moore v. WingateSupreme Court of Missouri · 1873
- Zeibold v. FosterSupreme Court of Missouri · 1893
- Quayle v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Hughes v. MermodSupreme Court of Missouri · 1894
3Cited by2 opinions
- Shively v. LankfordSupreme Court of Missouri · 1903
- Grossman v. PattonSupreme Court of Missouri · 1905