Missouri Pacific Railway Co. v. Wilson
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The amendment to the petition making the children of William A. Wilson parties defendant was proper. Modern practice favors such amendments, or will render the proceedings effective — new parties may be added. Lewis on Eminent Domain ; In re Railroad, 26 Hun, 194; Wood o.
Read the full summary
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The amendment to the petition making the children of William A. Wilson parties defendant was proper. Modern practice favors such amendments, or will render the proceedings effective — new parties may be added. Lewis on Eminent Domain ; In re Railroad, 26 Hun, 194; Wood o. Commissioners, etc., 122 Mass. 394; Fitch v. Stevens, 2 Met. 505 ; Milholland v. Thomas, 7 Ind. 165; Russell v. Turner, 62 Me. 496 ; Railroad v. Carter, 85 Mo. 448. In the absence of any express provision in the act under which their proceeding was…
1Opinion of the CourtSmith, P. J.
— The plaintiff, the Missouri Pacific Railway Company, presented to the judge of the Saline circuit court in vacation a petition asking for appointment of commissioners to assess damages to lands in said county respiting from condemnation of right of way for said road. Among other parcels of land described in said petition were the two lots in the city of Marshall, now in controversy in this action, and it was in said petition alleged that Mary E. Wilson was the owner and in possession of said lots. Commissioners were appointed who assessed the damages to these lots at $1,000. Upon motion of…
2Cases cited2 opinions
- Quincy, Missouri & Pacific Railroad Co. v. KelloggSupreme Court of Missouri · 1873
- Missouri Pacific Railway Co. v. CarterSupreme Court of Missouri · 1885
3Cited by7 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Vogeler v. PunchSupreme Court of Missouri · 1907
- Brown v. SmithMissouri Court of Appeals · 1905
- Lohnes v. BakesMissouri Court of Appeals · 1911
- Barnes v. City of St. JosephMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.