Leavenworth Terminal Railway & Bridge Co. v. Atchison
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) Condemnation proceedings should be construed in strict conformity to the law, and if not, they are null and void. Shaffer v. St. Louis, 31 Mo. 264; Lind v. Clemens, 44 Mo. 540; Swan v. Railroad, 38 Mo. App. 593; Fore v. Hook, 48 Mo. App. 260. (2) The order of publication was not published for three weeks before the twenty-fourth of December, and it did not set out the jurisdictional facts.
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Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) Condemnation proceedings should be construed in strict conformity to the law, and if not, they are null and void. Shaffer v. St. Louis, 31 Mo. 264; Lind v. Clemens, 44 Mo. 540; Swan v. Railroad, 38 Mo. App. 593; Fore v. Hook, 48 Mo. App. 260. (2) The order of publication was not published for three weeks before the twenty-fourth of December, and it did not set out the jurisdictional facts. The fact that the owner of the land and the party condemning can not agree on the price to be paid for the land taken must appear on the…
1Opinion of the CourtMacfarlane, J.
This proceeding was commenced in the circuit court of Platte county, in vacation, the object of which was to condemn portions of defendant’s land for a railroad and the approaches to a bridge, over the Missouri river, which was then in course of construction by plaintiff.
The petition was filed on the twenty-ninth day of November, 1892, and publication of notice to defendant, who was a nonresident of this state, was ordered. Notice was duly published, and on the twenty-fourth *223day of December, 1892, plaintiff applied to the judge of said court in vacation for the appointment of commissioners to…
2Cases cited8 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Milner v. ShipleySupreme Court of Missouri · 1887
- Janney v. SpeddenSupreme Court of Missouri · 1866
- Vaughan v. DanielsSupreme Court of Missouri · 1889
- Waddingham v. WaddinghamMissouri Court of Appeals · 1887
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3Cited by15 opinions
- State Ex Rel. Abeille Fire Insurance v. SevierSupreme Court of Missouri · 1934
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Kahn v. PrahlSupreme Court of Missouri · 1967
- Buschling v. AckleySupreme Court of Missouri · 1917
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
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