State ex rel. Evens & Howard Fire Brick Co v. Lubke
Missouri Court of Appeals
Application for Mandamus. The payment of the award under the statute is an actual payment to the owner when it is paid into court for his use. — Cooley Const. Lim. 702 ; Chambers v. Railroad, 10 Am. & Eng.
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Application for Mandamus. The payment of the award under the statute is an actual payment to the owner when it is paid into court for his use. — Cooley Const. Lim. 702 ; Chambers v. Railroad, 10 Am. & Eng. R. Y. Cas. 376. And he may compel its payment to him by the clerk by mandamus. — Van Norman v. Jackson, 45 Mich. 204; Virginia v. Rivers, 100 U. S. 323; Freemont v. Crippen, 10 Cal. 211; High on Mandamus, sect. 17. The payment into court is a deposit, and pending exceptions to the award the company may proceed to build the road, the fund to remain in court. — Rev. Stats., sect. 896; The…
1Opinion of the CourtThompson, J.
This is an original application for a mandamus against one of the judges of the circuit court and the clerk thereof to compel the judge to order, and the clerk to make, payment to the relator of the sum of $50,000, which was deposited with the clerk by the St. Louis and San Francisco Railway Company in a proceeding by such company to condemn certain land of the relator for a right of way of such company, as hereafter stated. The questions which we have to consider arise on a demurrer to the return, and a motion for judgment on the return, made by the relator. The respondents, the judge and…
2Cases cited9 opinions
- Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
- RoBards v. LambSupreme Court of Missouri · 1882
- Kinealy v. MacklinSupreme Court of Missouri · 1877
- Blecker v. St. Louis Law CommissionerSupreme Court of Missouri · 1860
- Norristown, &c., Turnpike Co. v. BurketIndiana Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Consumers' Gas Trust Co. v. HarlessIndiana Supreme Court · 1892
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Brinkerhoff v. ElliottMissouri Court of Appeals · 1891
- Freeman v. St. Louis Quarry Co.Missouri Court of Appeals · 1888
- Koch v. SachlebenMissouri Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.