City of St. Joseph v. Hamilton
Supreme Court of Missouri
Appeal from Fifth District Court. The facts appear in the opinion of the court. I. The city had no authority, under its charter, to summon a second jury to assess damages to the defendants. If the city felt aggrieved by the verdict of the first jury, its remedy was by appeal.
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Appeal from Fifth District Court. The facts appear in the opinion of the court. I. The city had no authority, under its charter, to summon a second jury to assess damages to the defendants. If the city felt aggrieved by the verdict of the first jury, its remedy was by appeal. (§§ 2, 3, 6-, art. VT, p. 69, of charter of St. Joseph, approved February 22, 1851; State v. Keohulc, 9 Iowa, 438 ; 36 Mo. 551.) .And although the law did not authorize the summoning of the second jury, yet the party aggrieved might appeal'from the verdict of said second jury. (10 Mo. 773.) H. Even if it be admitted that…
1Opinion of the CourtWagner, Judge
This was a proceeding commenced by and before the mayor of the city of St. Joseph, under the charter of said city, for the purpose of widening Fourth street, and to condemn a strip off from the east end of the lot of appellants. The proceedings were instituted under authority given by the charter, and in pursuance of ordinances passed by the city council. The second section of the sixth article of the charter provides that the mayor and councilmen shall have power to extend, open, or widen streets; and that, when private property is required or taken therefor, the *286mayor shall in all cases…
2Cases cited1 opinion
- Downing v. GarnerSupreme Court of Missouri · 1827
3Cited by14 opinions
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- Landis v. HamiltonSupreme Court of Missouri · 1883
- Chicago, Rock Island & Pacific Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Rogers v. City of St. CharlesMissouri Court of Appeals · 1876
- St. Louis Railway Co. v. Southern Railway Co.Supreme Court of Missouri · 1897
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