State ex rel. Summerson v. Goodrich
Supreme Court of Missouri
Certiorari. (1) The passage of an ordinance and the filing of a certified copy thereof were conditions precedent to the making of any order whatsoever by the circuit court and because of the city’s failure to comply with the charter requirements in that regard the circuit court was without jurisdiction or authority to issue summons or to appoint commissioners, and its orders so doing should be quashed.
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Certiorari. (1) The passage of an ordinance and the filing of a certified copy thereof were conditions precedent to the making of any order whatsoever by the circuit court and because of the city’s failure to comply with the charter requirements in that regard the circuit court was without jurisdiction or authority to issue summons or to appoint commissioners, and its orders so doing should be quashed. Kansas City Charter (1908'), art. 6, sec. 17; Ibid., art. 7, sec. 5; State ex rel. v. St. Louis, 67 Mo. 113; St. Louis v. Franks, 78 Mo. 41; Kansas, City v. Ford, 99 Mo. 91; St. Louis v.…
1Opinion of the CourtWalker, J.
This proceeding is based upon a writ of certiorari issued out of this court to the circuit' court of Jackson county.
On October 2, 1912, one of the respondents, as plaintiff in the original action, to-wit, Kansas City, through its counsel, filed in said circuit court a petition praying for the appointment of commissioners to assess whatever damages might be sustained by owners of certain lands abutting on Independence avenue in said city by reason of the grading of said avenue, and to fix the compensation to which said owners .were entitled on account of said grading. This petition was filed…
2Cases cited12 opinions
- Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
- State ex rel. Iba v. MosmanSupreme Court of Missouri · 1910
- State ex rel. Barker v. WurdemanSupreme Court of Missouri · 1914
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1906
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
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3Cited by14 opinions
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- State Ex Rel. State Highway Commission v. HammelSupreme Court of Missouri · 1956
- Kram v. Public Utilities CommissionSupreme Court of Connecticut · 1940
- State Ex Rel. Stewart v. Blair and SmithSupreme Court of Missouri · 1947
- State Ex Rel. St. Louis Union Trust Co. v. NeafSupreme Court of Missouri · 1940
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