Coonan v. City of Cape Girardeau
Missouri Court of Appeals
Appeal from Cape Girardeau Common Pleas Court.— Eon. R. G. Ranney, Judge. (1) Under sections 5876 to 5893 adopted by the voters, the city had “the power to accept and acquire by gift, devise, purchase or by condemnation proceedings, both within and beyond the territorial limits of the city, the right of way for drains and sewers.”' The condemnation proceedings provided is similar in character to proceedings to condemn a railroad right of way, is summary and speedy, and…
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Appeal from Cape Girardeau Common Pleas Court.— Eon. R. G. Ranney, Judge. (1) Under sections 5876 to 5893 adopted by the voters, the city had “the power to accept and acquire by gift, devise, purchase or by condemnation proceedings, both within and beyond the territorial limits of the city, the right of way for drains and sewers.”' The condemnation proceedings provided is similar in character to proceedings to condemn a railroad right of way, is summary and speedy, and permits taking possession and construction' as soon as the damages are awarded upon reviewing the assessment by the…
1Opinion of the CourtGoode, J.
Action on common count for one thousand dollars, money had and received, by defendant to the use of plaintiff, to which a general .denial was filed. Prior to February 4, 1907, the voters of the city of Cape Girardeau, a city of the third class, had adopt*612ed the provisions of sections 5876 to 5898, inclusive, of the Revised Statutes of Missouri, 1899, relating to the construction of sewers, and on November 19, 1906, pursuant to the authority conferred by the voters, the city council had enacted an ordinance to adopt plans and specifications for a system of sewers in district No. 1 in the city,…
2Cases cited9 opinions
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
- Morse v. RathburnSupreme Court of Missouri · 1868
- Hobbs v. Columbia Falls Brick Co.Massachusetts Supreme Judicial Court · 1892
- C. F. Jewett Publishing Co. v. ButlerMassachusetts Supreme Judicial Court · 1893
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- Koppelon v. W. M. Ritter Flooring Corp.Supreme Court of New Jersey · 1922
- State v. FeigelIndiana Supreme Court · 1931