St. Louis & Kansas City Railway Co. v. Eby
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) Tbe court erred in trying tbe case over plaintiffs objection. 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. When this defect ivas pointed out the court should then have proceeded in accordance with the statute as construed by this court.
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Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) Tbe court erred in trying tbe case over plaintiffs objection. 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. When this defect ivas pointed out the court should then have proceeded in accordance with the statute as construed by this court. (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 Avithout “good…
1Opinion of the CourtRobinson, J.
This controversy arose out of a proceeding to condemn a right of way for plaintiff’s railroad through defendant’s farm situate in Johnson county, consisting of about three hundred and fifteen acres of land lying in a body.
The railroad was constructed through. defendant’s land in a curve line south of the center of the farm, and splitting one eighty diagonally, leaving it in irregular shape, and one hundred and twenty acres was left to the south side of the railroad, separated from the improvements and the rest of the farm. The railroad did not go through defendant’s farm on a natural grade,…
2Cases cited2 opinions
- St. Louis & Kansas City Railway Co. v. DonovanSupreme Court of Missouri · 1899
- St. Louis & Kansas City Railway Co. v. RussellSupreme Court of Missouri · 1899
3Cited by7 opinions
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Duncan v. State Highway CommissionSupreme Court of Virginia · 1925
- City of Houston v. DerbyCourt of Appeals of Texas · 1948
- Gustafson v. Iowa Power & Light CompanySupreme Court of Iowa · 1971
- Miller v. Iowa Electric Light & Power Co.Supreme Court of Iowa · 1948
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