St. Louis, Keokuk & Northwestern Railroad v. Clark
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The application for the payment of the amount of award to Clark and others was made after the judgment in the circuit court and after appeal by the railroad company therefrom, and, therefore, could not have been included in said judgment and appeal. In such cases appeals will lie from orders after judgment.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The application for the payment of the amount of award to Clark and others was made after the judgment in the circuit court and after appeal by the railroad company therefrom, and, therefore, could not have been included in said judgment and appeal. In such cases appeals will lie from orders after judgment. St. Louis v. Brooks, 107 Mo. 383. But the amendatory.act of 1891 has removed all doubt from this question. Acts of 1891, page 70. (2) Clark had the same right after judgment to demand from the circuit court the…
1Opinion of the CourtMacfarlane, J.
This was a proceeding in condemnation in the circuit court, City of St. Louis, Missouri, in behalf of the plaintiff, a railroad company, against the defendants, Clark and others, as the owners of certain land described in the .petition. Commissioners were duly appointed, who reported and awarded to the defendants as compensation the sum of $87,510, which sum of money the railroad company paid into court and thereupon took possession of the land condemned and has retained the same ever since, using it for the purposes of its railroad.
Thereafter exceptions were filed to such report by *362both…
Also in this document: Dissent.
2Cases cited8 opinions
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Covington Short-Route Transfer Railway Co. v. PielCourt of Appeals of Kentucky · 1888
- Meyer v. State ex rel. DayIndiana Supreme Court · 1890
- Rothan v. St. Louis, Oak Hill & Carondelet Railway Co.Supreme Court of Missouri · 1892
- State ex rel. Goodwin v. WilliamsonSupreme Court of Missouri · 1874
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3Cited by25 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
- Mt. Shasta Power Corp. v. DennisCalifornia Court of Appeal · 1924
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
20 more not listed; retrieve them via the Exa API.