Lind v. Clemens
Supreme Court of Missouri
Jlpfieal from St."Louis Circuit Court. I. The petition does not show, nor does the petitioner claim, that he offered or tried to make a private bargain with the owner for the rock or for the use of the quarry. Whenever the property of an individual is to be divested by proceedings against his will, there must be a strict compliance with all the provisions of the law. (Reitenburgh v. Chester Valley R.R. Co., 21 Perm. 100 ; Vail v. Morris & Essex R.R. Co., 1 Zabr. 189.) II.
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Jlpfieal from St."Louis Circuit Court. I. The petition does not show, nor does the petitioner claim, that he offered or tried to make a private bargain with the owner for the rock or for the use of the quarry. Whenever the property of an individual is to be divested by proceedings against his will, there must be a strict compliance with all the provisions of the law. (Reitenburgh v. Chester Valley R.R. Co., 21 Perm. 100 ; Vail v. Morris & Essex R.R. Co., 1 Zabr. 189.) II. No compliance with the law being shown in this case, the whole proceedings of the County Court were null and void, and…
1Opinion of the CourtWagner, Judge
When this case was before this court on a previous occasion, it was decided that the appeal from the County Court to the Circuit Court did not authorize a trial in the latter court de novo, but *541that still it was the duty of the Circuit Court to ascertain from the record whether the County Court exceeded its jurisdiction or proceeded illegally in reference to the subject-matter before it. (St. Louis v. Lind et al., 42 Mo. 348.)
After the case Ayas remanded, the Circuit Court, upon an inspection of the record, Ayas of opinion that no error was committed in the County Court, and therefore…
2Cases cited1 opinion
- County of St. Louis v. LindSupreme Court of Missouri · 1868
3Cited by14 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Goodrum v. BuffaloCourt of Appeals for the Eighth Circuit · 1908
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- State Ex Rel. Weatherby Advertising Co. v. ConleySupreme Court of Missouri · 1975
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