St. Louis & Kansas City Railway Co. v. Donovan
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The record shows that the court had not then acquired jurisdiction to try the case. The summons issued by the clerk was a nullity. Williams v. Monroe, 125 Mo. 574. (2) The court < erred in setting aside the report of the commissioners. This action was taken without any hearing or proof and without reviewing of the same and without “good cause shown.”
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Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The record shows that the court had not then acquired jurisdiction to try the case. The summons issued by the clerk was a nullity. Williams v. Monroe, 125 Mo. 574. (2) The court < erred in setting aside the report of the commissioners. This action was taken without any hearing or proof and without reviewing of the same and without “good cause shown.” R. S. 1889, sec. 2738; Railroad v. Richardson, 45 Mo. 466; Bridge Go. v. Shaubacker, 49 Mo. 555; Railroad v. Clark, 119 Mo. 365; Bridge Co. v. Ring, 58 Mo. 491; Railroad v.…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment in favor of the defendants, upon a verdict assessing their damages at the sum of $2,900, in a condemnation proceeding instituted by plaintiff in the circuit court of Johnson county.
The proceeding was begun by petition filed by the plaintiff in the office of the clerk of that court on the twenty-second of July, 1895, upon which a summons was issued returnable before the judge of said court on the eighth of August, 1895, and served upon the defendants on the twenty-sixth of July, 1895.
On the eighth of August, 1895, the following proceedings therein were had:
“In…
2Cases cited8 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
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3Cited by15 opinions
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
- Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
- Caruthersville School District No. 18 v. LatshawSupreme Court of Missouri · 1950
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
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