City of Springfield v. Owen
Supreme Court of Missouri
Appeal from G-reene Circuit Court. — Hon. Alfred Page, Judge. (1) The motion to abate and dismiss the action should have been sustained. The statute requires publication for four weeks consecutively.
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Appeal from G-reene Circuit Court. — Hon. Alfred Page, Judge. (1) The motion to abate and dismiss the action should have been sustained. The statute requires publication for four weeks consecutively. E. S. 1909, sec. 9263. The affidavit made by the publisher was that the notice was published two times, “the first insertion on Dec. 11,1909, second insertion Jan. 10,1911.” The court had no authority to appoint commissioners without the notice required by the statute having been given. E. S. 1909, sec. 9264. The giving of the notice in the manner prescribed “to all persons to whom it may…
1Opinion of the Court
WILLIAMS, C.
In this suit the city of Springfield, a city of the third class, seeks, by the exercise of the right of eminent domain, to condemn a strip of land belonging to defendant, for the purpose of widening a street known as Grand avenue in said city. The strip of land sought to be condemned is 30' feet in width and approximately 1320 feet in length, containing approximately ten-elevenths of an acre of land and is located along the south edge of a tract of farm land owned by defendant. As the time of the passage of the ordinance providing for the condemnation of this land, and the fixing…
2Cases cited6 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- City of St. Louis v. CalhounSupreme Court of Missouri · 1909
- City of St. Joseph v. CrowtherSupreme Court of Missouri · 1897
- Town of Tyrone v. BurnsSupreme Court of Minnesota · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Feldhake v. City of Santa FeNew Mexico Supreme Court · 1956
- Kansas City v. ReinwaldSupreme Court of Missouri · 1954
- State v. TatmanSupreme Court of Missouri · 1915
- Conley Ex Rel. Conley v. Lafayette Motor Car Co.Missouri Court of Appeals · 1920