Thompson v. Chicago, Santa Fe & California Railway Co.
Supreme Court of Missouri
Appeal from Carroll Circuit Cou/rt. — Hon. J. M. Davis, ‘Judge. (1) The circuit judge had no jurisdiction to appoint commissioners in either cause. First. Notice to a non-resident of the county in which a petition for the condemnation of private property is pending is insufficient unless such notice contains a description of the property sought to be taken. Second. A writ without the copy of the petition is not sufficient.
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Appeal from Carroll Circuit Cou/rt. — Hon. J. M. Davis, ‘Judge. (1) The circuit judge had no jurisdiction to appoint commissioners in either cause. First. Notice to a non-resident of the county in which a petition for the condemnation of private property is pending is insufficient unless such notice contains a description of the property sought to be taken. Second. A writ without the copy of the petition is not sufficient. R. S. 1879, secs. 3489, 3493; Railroad v. Taylor, 43 Mo. 35. (2) Where non-residents • and residents of the county and judicial circuit in which' the property sought to be…
1Opinion of the CourtThomas, J.
In 1887, plaintiff was holder of a note for $1,400 secured by deed of trust on lots 17, 18 and 19, block 6, in the town of Norborne, Carroll county, Missouri, B. E. Sanders being the owner of the equity of redemption in lot 17, and Jennette Duggan and husband in lots 18 and 19.
On the second day of June, 1887, the defendant’s grantor, a railway company, instituted condemnation proceedings in the circuit court of Carroll county to acquire the title to said lot 17 for a right of way and depot grounds, making plaintiff, B. F. Sanders, and H. Lamm parties, the latter being the trustee in said deed…
2Cases cited16 opinions
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Aaron v. Target CorporationCourt of Appeals for the Eighth Circuit · 2004
- City of San Antonio v. GrandjeanTexas Supreme Court · 1898
- State v. HaneySupreme Court of Missouri · 1955
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Leonard v. SparksSupreme Court of Missouri · 1893
18 more not listed; retrieve them via the Exa API.