New Madrid County v. Phillips
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) This was a proceeding under tbe statute to widen a public road. R. S. 1889, secs. 7792-7796. (2) As shown by the agreed statement of facts, Murray Phillips owned one third of this land, and had possession of it all, one third as administrator and one third as guardian. Murray Phillips was the only party to the proceedings to condemn the land.
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Appeal from New Madrid Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) This was a proceeding under tbe statute to widen a public road. R. S. 1889, secs. 7792-7796. (2) As shown by the agreed statement of facts, Murray Phillips owned one third of this land, and had possession of it all, one third as administrator and one third as guardian. Murray Phillips was the only party to the proceedings to condemn the land. The commissioners assessed his damages at $125; the county court by its own judgment ordered him paid the amount. It was paid to him by the county court, and he expended it in…
1Opinion of the CourtBarclay, J.
The plaintiff, New Madrid county, charges in the petition that defendant, Murray Phillips, *63is “indebted to plaintiff in the sum of $125, for money had and received by defendant from plaintiff on the seventh day of May, 1889; .that, although the.same has been demanded of defendant, he neglects and refuses to pay same to plaintiff. Wherefore it demands judgment for the sum of $125, together with interest,” etc.
The answer is a general denial.
The cause was tried by the court, a jury having been waived.
The material facts of the controversy appear in an agreed statement, the substance of which is…
2Cases cited2 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Burke v. City of KansasSupreme Court of Missouri · 1893
3Cited by5 opinions
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- State Ex Rel. Clinkscales v. ScottMissouri Court of Appeals · 1924
- Becker v. St. Francois CountyMissouri Court of Appeals · 1967