Drainage District No. 4 v. Wabash Railroad
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Eon. John P. Butler, Judge. Upon the record appellant maintains: 1. That the Act of March 5, 1903 (Laws 1903, p. 234), does not apply to the Chariton River. 2. That the drainage proceedings in the county court are nullities. 3. That the persons appointed as viewers were not competent to assess damages and benefits for property condemned by them, and that in so far as section 8285 undertakes to empower them to make such assessment it…
Read the full summary
Appeal from Chariton Circuit Court. — Eon. John P. Butler, Judge. Upon the record appellant maintains: 1. That the Act of March 5, 1903 (Laws 1903, p. 234), does not apply to the Chariton River. 2. That the drainage proceedings in the county court are nullities. 3. That the persons appointed as viewers were not competent to assess damages and benefits for property condemned by them, and that in so far as section 8285 undertakes to empower them to make such assessment it violates article 3 of the State Constitution. 4. That the judgment of the circuit court is .void on its face. If appellant…
1Opinion of the CourtValliant, J.
This is a proceeding under article IV, chapter 122, Revised Statutes 1899, and tbe amendments thereto, for tbe establishment of a drainage district and tbe construction of drainage ditches. Tbe proceeding was begun by filing a petition in tbe county court of Chariton county May 2, 1904. On tbe same date tbe petitioners gave bond as required by tbe statutes to cover tbe cost of tbe proceedings. On tbe filing of tbe petition and bond tbe county court, in conformity to section 8280, Revised Statutes 1899; Mo. Ann. Stat. vol. 4, p. 3917, made an order which was duly entered on tbe record…
2Cited by9 opinions
- Buschling v. AckleySupreme Court of Missouri · 1917
- State ex rel. Ruppel v. WiethauptSupreme Court of Missouri · 1914
- Western Tie & Timber Co. v. Naylor Drainage District Co.Supreme Court of Missouri · 1910
- Wabash Ry. Co. v. South Daviess County Drainage Dist.Court of Appeals for the Eighth Circuit · 1926
- State of Missouri v. JahnkeMissouri Court of Appeals · 1925
4 more not listed; retrieve them via the Exa API.