Legal Opinion

Kansas City v. Mastin

Supreme Court of Missouri

Decided June 4, 1902PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) (a) The provision in section 11 of the park law of Kansas City for the published notice “To whom it may concern,” that a jury is to be impaneled “for the ascertaining of the compensation to be paid for the property to be taken or damaged and the amount of benefit, if any, to be assessed therefor,” does not require any affirmation or fair implication that all or any lands in the benefit district, are actually…

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Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) (a) The provision in section 11 of the park law of Kansas City for the published notice “To whom it may concern,” that a jury is to be impaneled “for the ascertaining of the compensation to be paid for the property to be taken or damaged and the amount of benefit, if any, to be assessed therefor,” does not require any affirmation or fair implication that all or any lands in the benefit district, are actually or especially benefited, or that a judgment establishing a lien against the same for benefit in any sum is to be…

1Opinion of the CourtGantt, J.

— LThis is an appeal from a judgment of the circuit court of Jackson county, rendered on September 14, 1901, in the matter of the condemnation of land for opening and establishing a public parkway in the South Park district in Kansas City, Missouri, known as the “Paseo Extension,” under ordinance of Kansas City, Missouri, number 13067, approved October 3, 1899, and entitled, “An Ordinance to Open and Establish a Public Parkway in the South Park district in Kansas City, Missouri.”

The appeal herein was taken on October 4, 1901.

The appellants previous to October 4, 1901, never appeared to the…

2Cases cited16 opinions

  1. Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
  2. State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
  3. Bellingham Bay & British Columbia RailRoad v. New WhatcomSupreme Court of the United States · 1899
  4. Ells v. Pacific RailroadSupreme Court of Missouri · 1873
  5. Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
  2. Fitts v. City of AtlantaSupreme Court of Georgia · 1905
  3. State ex inf. Killam ex rel. Higginbotham v. ColbertSupreme Court of Missouri · 1918
  4. Kirby v. NolteSupreme Court of Missouri · 1943
  5. Petet v. McClanahanSupreme Court of Missouri · 1923

4 more not listed; retrieve them via the Exa API.

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