North Missouri Railroad v. Lackland
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. This was a proceeding instituted by the North Missouri Railroad Company to obtain the condemnation, for the use of said company in the construction of its railroad, of a lot in the city of St. Charles belonging to defendant, Norman Lackland.
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Appeal from St. Charles Circuit Court. This was a proceeding instituted by the North Missouri Railroad Company to obtain the condemnation, for the use of said company in the construction of its railroad, of a lot in the city of St. Charles belonging to defendant, Norman Lackland. No petition was filed in the office of the clerk of the circuit court, but an agreement under seal was entered into between the parties, whereby three commissioners or viewers were appointed, to whom the question of compensation was referred, and who were by said agreement authorized to assess the value of the…
1Opinion of the CourtNapton, Judge
This case has been brought here by appeal, and a question has been made whether an appeal lies. The practice act of 1849 (art. 30, § 6) excludes from its operation all special statutory remedies which, before the passage of that act, were not to be obtained by action at law or bill in equity, and would therefore not seem to apply to this cause; but in the view we are disposed to take of the matter, it is not very material whether that act or the act of 1845 be considered as applicable. The practice act of 1845 (R. O. 1845, p. 831) gives this court a supervision by appeal of all judgments and *526d…
2Cases cited1 opinion
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
3Cited by33 opinions
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Supreme Court of Missouri · 1999
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
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