State ex rel. Cape Girardeau v. Engelmann
Supreme Court of Missouri
Mandamus. (1) The respondent admits the allegations in the writ contained, to-wit, “that the jury was summoned for the purpose of assessing damages and benefits ; he refused to impanel and swear said jury, and overruled relator’s application for condemnation of the realty herein as provided .by law.” It was his duty to proceed to condemnation. Sess.
Read the full summary
Mandamus. (1) The respondent admits the allegations in the writ contained, to-wit, “that the jury was summoned for the purpose of assessing damages and benefits ; he refused to impanel and swear said jury, and overruled relator’s application for condemnation of the realty herein as provided .by law.” It was his duty to proceed to condemnation. Sess. Acts, 1872, p. 328, secs. 1-7, art. 7. (2) Where cities have special charters-with power to condemn real estate for public purposes, such law governs exclusively. Plum r. Qity of Kansas, 101 Mo. 525 ; Stewart v. White, 98 Mo. 226 ; City of Kansas…
1Opinion of the CourtMacfarlane, J.
An alternative writ was issued, on the petition of relator, and a return thereto is made by respondent. Upon the alternative writ and the return thereto, relator asks that the writ be made absolute. The case is thus to be determined upon the record.
It appears that Cape Girardeau is a city duly incorporated .and exercising its rights and powers under an act of the general assembly of the state, approved March 29, 1872. That among others of its corporate powers is that of opening and extending, within its limits, streets and avenues for public use. Article 7 of the charter delegates to the city…
2Cases cited6 opinions
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Dickey v. TennisonSupreme Court of Missouri · 1858
- City of Savannah v. HancockSupreme Court of Missouri · 1886
- City of Kansas v. BairdSupreme Court of Missouri · 1889
- City of Kansas v. FordSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
- Kansas City v. LiebiSupreme Court of Missouri · 1923
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- State Ex Rel. State Highway Commission v. CurtisSupreme Court of Missouri · 1949
- Kansas City v. SmartSupreme Court of Missouri · 1895
6 more not listed; retrieve them via the Exa API.