Legal Opinion

State ex rel. Hilleman v. Fort

Supreme Court of Missouri

Decided February 24, 1904PublishedCited by 18 opinions

Mandamus. (1) (a) No one, nor all, of the steps taken in the case of the railway company against relators, from the filing of its exceptions to the commissioners’ report down to and including the proceedings of the recent September term of respondent’s court, can affect the commissioners ’ award as the amount to which relators are entitled pending the litigation.

Read the full summary

Mandamus. (1) (a) No one, nor all, of the steps taken in the case of the railway company against relators, from the filing of its exceptions to the commissioners’ report down to and including the proceedings of the recent September term of respondent’s court, can affect the commissioners ’ award as the amount to which relators are entitled pending the litigation. Railroad v. Clark, 119 Mo. 373. (b) The fact that respondent, before beginning the jury trial, caused an entry to be made, setting aside the commissioners’ award, did not, and does not affect the standing and force of-said award, as…

1Opinion of the CourtFox, J.

This controversy grows out of the following state of facts: On the 5th of May, 1902, the Gray’s Point Terminal Railway Company, a Missouri railroad corporation, began a proceeding under article 7, of chapter 12, Revised Statutes 1899, in the circuit court of Scott county, to condemn ten and thirty-one hundredths acres of land belonging to the relators, Henry Hilleman being the owner of the fee, and Charles Hilleman having a lease thereon for ninety-nine years, for yard purposes of said railroad. The venue was afterwards changed to the circuit court of Stoddard county, of which court the…

2Cases cited23 opinions

  1. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  2. State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
  3. State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
  4. North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
  5. St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893

18 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
  2. State Ex Rel. State Highway Commission v. DeutschmanSupreme Court of Missouri · 1940
  3. Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
  4. Center School District No. 58 of Jackson County v. KentonSupreme Court of Missouri · 1961
  5. Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API