Grading Independence & Westport Road v. Smith
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Defendants ’ motion for trial before a common law jury should have been sustained, (a) Abandonment is a question of fact for jury. Clark v. Mammerle, 36 Mo. 620; Fine v. Public Schools, 30 Mo. 166; Landes v. Perkins, 12 Mo. 238; Campbell v. City of Kansas, 102 Mo. 34$. (b) The practice code provides for trial by common law jury.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Defendants ’ motion for trial before a common law jury should have been sustained, (a) Abandonment is a question of fact for jury. Clark v. Mammerle, 36 Mo. 620; Fine v. Public Schools, 30 Mo. 166; Landes v. Perkins, 12 Mo. 238; Campbell v. City of Kansas, 102 Mo. 34$. (b) The practice code provides for trial by common law jury. Badgley v. St. Louis, 149 Mo. 122; Stevens v. Kansas City, 146 Mo. 465; Lovitt v. Russell, 138 Mo. 474; Drainage Dist. v. Jamison, 176 Mo. 564; State ex rel. v. Cates, 190 Mo. 556. Appellants’ request…
1Opinion of the Court
BONH, C.
This is a proceeding begun in the circuit court at Kansas City for the “purpose of enforcing a grading ordinance, approved October 25, 1906, entitled: “An ordinance to grade Independence and Westport road from Oak street or Gillham road to Janssen Place.”
A certified copy of the ordinance was filed in the circuit court, and publication thereof was made as prescribed by section 5 of article 8 of the charter, which was adopted by Kansas City in pursuance of the enabling act contained in article 9, sections 16 and 17 of the Constitution of 1875.
Before the expiration of the time provided…
2Cases cited7 opinions
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
- Lee v. ConranSupreme Court of Missouri · 1908
- City of Kansas v. HillSupreme Court of Missouri · 1883
- Berry v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Withers v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Bays v. LuethSupreme Court of Missouri · 1959
- Hatton v. City of St. LouisSupreme Court of Missouri · 1915
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
3 more not listed; retrieve them via the Exa API.