Chicago, Santa Fe & California Railway Co. v. Eubanks
Missouri Court of Appeals
Appeal from, Chariton Circuit Court. — Hon. G. D Burgess, Judge. The case is stated in the opinion. (1) The requirement of the statute that exceptions must be filed within- ten days after the service of notice upon the defendant of the filing of -the commissioners’ report, fixes the limit of time beyond which exceptions cannot be filed, and nothing more.
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Appeal from, Chariton Circuit Court. — Hon. G. D Burgess, Judge. The case is stated in the opinion. (1) The requirement of the statute that exceptions must be filed within- ten days after the service of notice upon the defendant of the filing of -the commissioners’ report, fixes the limit of time beyond which exceptions cannot be filed, and nothing more. It was really intended to compel prompt action on the part of the defendant, while giving him a reasonable time within which to file exceptions. It cannot, within any degree of fairness, be construed to mean that the railway company is…
1Opinion of the CourtEllison, P. J.
— This is a’ proceeding by the railway company under the statute to condemn a right of way over and through the lands of the defendant in Chariton county, Missouri. The petition was filed on the twenty-first day of May, 1887, and is in the ordinary form. Due notice of the pendency of the petition was served upon the defendant, and on the fourth day of June, 1887, commissioners were appointed to assess his damages. Their report was filed in the office of the circuit clerk of Chariton county,-on the ninth day of June, 1887, fixing his damages at sixteen hundred dollars. On the fourteenth day of…
2Cases cited3 opinions
- Atherton v. CorlissMassachusetts Supreme Judicial Court · 1869
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
- Levert v. ReadSupreme Court of Alabama · 1875
3Cited by7 opinions
- French v. PowellCalifornia Supreme Court · 1902
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Williamson v. EganCalifornia Supreme Court · 1930
- In re West Norfolk Lumber Co.District Court, E.D. Virginia · 1902
- Butler v. Good Enough Min. Co.District Court, D. Alaska · 1901
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