State ex rel. Union Depot Railroad v. Southern Railway Co.
Supreme Court of Missouri
Prohibition. (1) The reading of section 892 (Revised Statutes, 1879), contended for by plaintiff’s counsel, is forced and unnatural; and it cannot be held that plaintiff derives any power to exercise the right of eminent domain, under that section, without doing violence to the plain and unambiguous language of the act itself, and violating every rule and canon of construction.
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Prohibition. (1) The reading of section 892 (Revised Statutes, 1879), contended for by plaintiff’s counsel, is forced and unnatural; and it cannot be held that plaintiff derives any power to exercise the right of eminent domain, under that section, without doing violence to the plain and unambiguous language of the act itself, and violating every rule and canon of construction. (2) Even conceding the right in plaintiff to exercise the power of eminent domain, the petition is fatally lacking in averments necessary to give the court jurisdiction. (1) From all decisions under the statute, under…
1Opinion of the CourtBarclay, J.
This is an application for a rule upon respondents to show cause why a writ of prohibition should not issue to prevent the circuit court of St. Louis from further assuming jurisdiction of certain pending condemnation proceedings. The petitioners in this court are the defendants in those proceedings. Respondents are the plaintiff therein and the circuit judge before whom the matter is pending. They have appeared to this application, resisting the issue of any rule on the showing made.
It appears that the Southern Railway Company instituted the proceedings in question in the circuit court of St.…
2Cases cited2 opinions
- Mastin v. SloanSupreme Court of Missouri · 1889
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
3Cited by28 opinions
- Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- State Ex Rel. Morasch v. KimberlinSupreme Court of Missouri · 1983
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
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