City of St. Louis v. Waterman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The .allegation of interests in the land to be appropriated, though, erroneously set out in its petition by the condemner, would not alter the standing of and cause of action by the condemner; the respective rights of the defendants to the awards made -wonld attach none the less in accordance with the facts shown and with the true interests in the land taken.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The .allegation of interests in the land to be appropriated, though, erroneously set out in its petition by the condemner, would not alter the standing of and cause of action by the condemner; the respective rights of the defendants to the awards made -wonld attach none the less in accordance with the facts shown and with the true interests in the land taken. St. Lonis v. Barthel, 256 Mo. 276. (2) The particular description of each property and of the various estates and interests therein, if such allegation…
1Opinion of the Court
WHITE, C.
This is a condemnation proceeding-brought by the City of St. Louis for the purpose of opening a street. Thirty or forty individuals, corporations and trustees, are named as parties defendant.
The petition sets forth that on the 25th of July an ordinance, No. 28108, went into effect in the ' City of St. Louis, to establish and open a street to be known as Kingsbury Boulevard extending from Clara Avenue to De Baliviere Avenue. The ordinance is set out in. the petition. Section 2 of said ordinance is as follows:
*223“Section Two. A street to be known-as Kingsbury Boulevard, extending from…
2Cases cited9 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Leavenworth Terminal Railway & Bridge Co. v. AtchisonSupreme Court of Missouri · 1897
- Kansas City Interurban Railway Co. v. DavisSupreme Court of Missouri · 1906
- City of St. Louis v. BarthelSupreme Court of Missouri · 1914
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3Cited by2 opinions
- State Ex Rel. Siegel v. GrimmSupreme Court of Missouri · 1926
- State ex rel. Morton v. AllisonMissouri Court of Appeals · 1962