Bennett v. Woody
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Transferred from St. Louis Court of Appeals. (1) The former awards of damages to defendant bar any subsequent action by the same parties to condemn this same property for the same use, and this court erred in rejecting this evidence and refusing defendant’s several refused instructions. Rogers v. St. Charles, 3 Mo.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Transferred from St. Louis Court of Appeals. (1) The former awards of damages to defendant bar any subsequent action by the same parties to condemn this same property for the same use, and this court erred in rejecting this evidence and refusing defendant’s several refused instructions. Rogers v. St. Charles, 3 Mo. App. 41; Wilherson v. Buchanan Co., 12 Mo. 328; St. Joe v. Hamilton, 43 Mo. 282. (2) There is no limit or fixed time under our statutes when any finding shall be accepted after damages are assessed. But when assessed…
1Opinion of the CourtBrace, J.
This is a proceeding commenced in the county court of Callaway county to establish a public road on the land of the defendant; tried in the county court, on his exceptions to the report of the commissioners, assessing his damages and resulting in a verdict of no damages; from the judgment of the county court on which he appealed to the circuit court of said county, from which court it was thence taken by change of venue to the circuit court of Montgomery county, where it was tried anew with the same result. From the judgment on this last verdict the defendant appealed to the St. Louis court…
2Cases cited4 opinions
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- State ex rel. St. Louis, Kansas City & Colorado Railroad v. RombauerSupreme Court of Missouri · 1894
- Hook v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
3Cited by10 opinions
- Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
- Howell v. Jackson CountySupreme Court of Missouri · 1914
- State Ex Rel. State Highway Commission v. BaumhoffMissouri Court of Appeals · 1936
- Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911
- State Ex Rel. State Highway Commission v. DayMissouri Court of Appeals · 1932
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