City of St. Louis v. Lawton
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. SeL den P. Spencer, Judge. First. The proceedings of the second commissioners were -void because they were without warrant of law. (1) The right of eminent domain is construed with the utmost strictness. Ells v. Bailroad, 51 Mo. 200; Belcher Sugar Co. v. Grain Co., 82 Mo. 121; State v. Farrelly, 36 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. SeL den P. Spencer, Judge. First. The proceedings of the second commissioners were -void because they were without warrant of law. (1) The right of eminent domain is construed with the utmost strictness. Ells v. Bailroad, 51 Mo. 200; Belcher Sugar Co. v. Grain Co., 82 Mo. 121; State v. Farrelly, 36 Mo. App. 282. (2) The statute authorizing it must be strictly adhered to, and every prerequisite to the exercise of jurisdiction observed. Leslie v. St. Louis, 47 Mo. 474; Belcher Sugar Co. v. Grain Co., 82 Mo. 121; St. Louis v. Gleason, 891 Mo. 67;…
1Opinion of the CourtYalliant, J.
This is a proceeding to open a street, condemning land to he taken for that purpose and assessing benefits. The St. Louis Pair Association is one of the property-owners whose land is taken and is the appellant.
The petition was filed April 24, 1897, commissioners were appointed who' filed their report October 24, 1899; time was given to report to the Municipal Assembly, and exceptions to the commissioners’ report was filed. It is said in appellant’s abstract that on April 30,1900, during the April term, the city counsellor filed a statement showing that the Municipal Assembly had disapproved…
2Cases cited1 opinion
- City of St. Louis v. BussSupreme Court of Missouri · 1900
3Cited by7 opinions
- Blanchard v. DormanSupreme Court of Missouri · 1911
- City of Macon v. AtkinsonSupreme Court of Missouri · 1916
- Chrisman v. SchollMissouri Court of Appeals · 1914
- Dorris v. DorrisMissouri Court of Appeals · 1910
- City of St. Louis v. Senter Commission Co.District Court, E.D. Missouri · 1930
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