Legal Opinion

St. Louis, Kansas City & Colorado Railroad v. Lewright

Missouri Court of Appeals

Decided February 28, 1891PublishedCited by 3 opinions

Error to the St. Louis County Circuit Court. — Hon, W. W. Edwards, Judge.

1Opinion of the CourtRombauer, P. J.

This is a proceeding seeking to-condemn the land of the defendants for a right of way of plaintiff’s railroad. We have decided at the present term in Musick v. Railroad, 43 Mo. App. 326, that where proceedings of this character contemplate, practically a divestiture of title, they are suits involving title to real estate, within the meaning of section 12, article 6, of the constitution, and that the supreme court has-exclusive appellate jurisdiction thereof. It would seem. *213to us that the supreme court in effect has so decided this question by retaining jurisdiction of the cause of the…

2Cases cited2 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
  2. Musick v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1891

3Cited by3 opinions

  1. State ex rel. St. Louis, Kansas City & Colorado Railroad v. RombauerSupreme Court of Missouri · 1894
  2. Joplin & Western Railway Co. v. McGregorMissouri Court of Appeals · 1893
  3. Chicago, Santa Fe & California Railway Co. v. EubankMissouri Court of Appeals · 1893

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