Ripkey v. Binns
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. C. A. Denton, Judge. (1) The utmost strictness is required to give proceedings of eminent domain validity. Every essential requirement of the statute must be complied with or such proceeding will be void. Anderson v. Pemberton, 89 Mo. 61; Spurlock v. Doran, 182 Mo. 242; Drainage District v. Campbell, 154 Mo. 151; Taylor v. Todd, 48 Mo. App. 5'50; Cunningham v. Railroad, 61 Mo. 33; Rousey v. Wood, 57 Mo.
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Appeal from St. Clair Circuit Court. — Hon. C. A. Denton, Judge. (1) The utmost strictness is required to give proceedings of eminent domain validity. Every essential requirement of the statute must be complied with or such proceeding will be void. Anderson v. Pemberton, 89 Mo. 61; Spurlock v. Doran, 182 Mo. 242; Drainage District v. Campbell, 154 Mo. 151; Taylor v. Todd, 48 Mo. App. 5'50; Cunningham v. Railroad, 61 Mo. 33; Rousey v. Wood, 57 Mo. App. 650. (2) Proceedings to open a public road must be taken in their entirety, and if they are void as to one of the parties in interest, they are…
1Opinion of the Court
WILLIAMS, C.
This proceeding was begun, by petition filed in the circuit court of St. Clair county, to establish a public road. The petition was filed August 3,1908, and was signed by about 60 freeholders of the municipal township in which the proposed road was to be located. Three of the petitioners -resided in the immediate- neighborhood of the proposed road.
The petition was accompanied by a list purporting to contain the names of all resident persons owning land through which said proposed road would run, together with a statement of those damaged and those who were willing to give land for…
2Cases cited7 opinions
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1906
- Bennett v. HallSupreme Court of Missouri · 1904
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
- Stutz v. CameronSupreme Court of Missouri · 1914
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3Cited by4 opinions
- Morris v. KarrSupreme Court of Missouri · 1938
- Osburn v. Supreme Express & Transfer Co.Missouri Court of Appeals · 1979
- State Ex Rel. Tummons v. CoxSupreme Court of Missouri · 1926
- Dillard v. SandersonMissouri Court of Appeals · 1921