Cunningham v. Pacific Railroad
Supreme Court of Missouri
Jljypeal from Jackson County Circuit Court. I. Tlie record of the justice was a nullity, because it failed to show affirmatively, upon its face, that an attempt to agree upon the damages done, was made before the appointment of the appraisers. This is a condition precedent to the authority of the justice to make the appointment, and to the authority of the appraisers to act. It is a jurisdictional fact. (1 R. C. 1855, 421, § 22; 1 Wagn.
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Jljypeal from Jackson County Circuit Court. I. Tlie record of the justice was a nullity, because it failed to show affirmatively, upon its face, that an attempt to agree upon the damages done, was made before the appointment of the appraisers. This is a condition precedent to the authority of the justice to make the appointment, and to the authority of the appraisers to act. It is a jurisdictional fact. (1 R. C. 1855, 421, § 22; 1 Wagn. Stat., 302, § 11; Ells vs. Pacific Railroad, 51 Mo., 203; Leslie vs. City of St. Louis, 4Y Mo., 4Y4; Anderson vs. City of St. Louis, 4Y Mo., 485; Lind vs.…
1Opinion of the CourtSherwood, Judge
Action on an award, made in 1864, by three householders, appointed by a justice of the peace, under the provisions of § 22, ch. 39, 1 R. O., 1855, whereby it is provided that if the owner of land and the railroad company “ cannot agree ” as to the damages done in consequence of taking materials from the land in constructing the road, those damages shall be ascertained by “three impartial and disinterested householders,” *35but that the applicant for such an appointment of commissioners must show to the justice that ten days notice had been given to the other party prior to making…
2Cases cited6 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- Lind v. ClemensSupreme Court of Missouri · 1869
- McCloon v. BeattieSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Nishnabotna Drainage District v. CampbellSupreme Court of Missouri · 1900
- A. T. & S. F. Railroad v. BalesSupreme Court of Kansas · 1876
10 more not listed; retrieve them via the Exa API.