Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. I. Nowhere on the record does it appear that the parties could not agree on the compensation to be made for the land taken. (Cunningham vs. Pac. R. R., 61 Mo., 33.) This being a question of jurisdiction, it can be raised even here for the first time. II. An infant cannot waive service of process by himself or guardian. III. The apportionment is so excessive as to call for thfe censure of this court.
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Appeal from Clay Circuit Court. I. Nowhere on the record does it appear that the parties could not agree on the compensation to be made for the land taken. (Cunningham vs. Pac. R. R., 61 Mo., 33.) This being a question of jurisdiction, it can be raised even here for the first time. II. An infant cannot waive service of process by himself or guardian. III. The apportionment is so excessive as to call for thfe censure of this court. I. The facts are found by the commissioners, and like the verdict of a jury, when affirmed by the court sitting in the cause, will not be reviewed by this court,…
1Opinion of the CourtSherwood, Judge
The proceeding, originally instituted by the Missouri Talley Railroad Co., of which the present plaintiff is the sncces*587soi', had for its object the appropriation of a certain strip of land, to make what is known as a “Y,” and to connect the road of the petitioner with the bridge at Kansas City, and the- road then leading to the bridge, on the north side of the Missouri river.
The subjoined plat more fully illustrates my meaning.
*588We may remark at the outset, that there is a fatal defect observable in the record before us. It is this, that record does not show that the parties to this suit…
2Cases cited3 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Cunningham v. Pacific RailroadSupreme Court of Missouri · 1875
- St. Louis & St. Joseph Railroad v. RichardsonSupreme Court of Missouri · 1870
3Cited by43 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
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