Leonard v. Sparks
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The notice to Edward H. Bouton in the mayor’s court was sufficient. It was served more than six days before the jury was impaneled. This was all that was required by the charter of the city.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The notice to Edward H. Bouton in the mayor’s court was sufficient. It was served more than six days before the jury was impaneled. This was all that was required by the charter of the city. Laws, 1875, p. 244, see. 2; see, also, Bowman v. B,ailroad, 102 111. 472. ’(2) The record shows that Bouton was a party to the proceedings, and the recital of the mayor’s record is that “the court adjudges that all parties have been duly notified and all persons interested duly served.” The cause was appealed to the circuit court by…
1Opinion of the CourtEllison, J.
A perusal of the statement of this cause will disclose that the question for solution here is that of the validity of the proceedings had in the matter of the condemnation of property for a public street; in other words, the taking of private property for public use, where such proceedings originated before an inferior tribunal of limited statutory power only. "Where such is the case, we merely assert common, learning when we say that a strict construction must be applied and that every statutory requirement must appear to have been performed in order to validate the proceedings. State ex…
Also in this document: Concurrence.
2Cases cited26 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
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