Southern Illinois & Missouri Bridge Co. v. Stone
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Now. J. L. Fort, Judge. (1) Plaintiff’s petition does not state a cause of action for condemnation because, in tbe first place, it fails to show compliance with tbe Federal laws authorizing the construction of said bridge. The Federal act, of which all the courts take judicial notice, as the supreme law of the land (U. S. Const., art. 6, sec. 2), prescribes a number of preliminary steps essential to the construction of the bridge.
Read the full summary
Appeal from Dunklin Circuit Court. — Now. J. L. Fort, Judge. (1) Plaintiff’s petition does not state a cause of action for condemnation because, in tbe first place, it fails to show compliance with tbe Federal laws authorizing the construction of said bridge. The Federal act, of which all the courts take judicial notice, as the supreme law of the land (U. S. Const., art. 6, sec. 2), prescribes a number of preliminary steps essential to the construction of the bridge. The petition should show compliance with every essential condition, which it fails to do, for instance, with the absolutely…
1Opinion of the CourtBurgess, J.
This case was before this court on a former appeal, 174 Mo. 1, wherein a full and fair statement of the facts in the case, as disclosed by the record, was given. The case was then before us on plaintiff’s appeal. The judgment of the court, below was reversed and the cause remanded, with directions to the court to appoint a commission, as the law required, for the purpose of assessing the damages to the defendant, the said commission to forthwith report its finding to the circuit court in which the proceeding was pending, to the end that the bridge company might take possession of the property…
2Cases cited25 opinions
- Roberts v. CooperSupreme Court of the United States · 1858
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Stump v. HornbackSupreme Court of Missouri · 1891
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Kirkwood v. VenableSupreme Court of Missouri · 1943
- State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- State Ex Rel. Bush v. SturgisSupreme Court of Missouri · 1920
- State Ex Rel. State Highway Commission v. CadyMissouri Court of Appeals · 1963
11 more not listed; retrieve them via the Exa API.