St. Joseph Terminal R. Co. v. Hannibal & St. J. R. Co.

• Decision Date: 06 February 1888
• Citation: 94 Mo. 535,6 S.W. 691
• Court: Missouri Supreme Court
• Parties: ST. JOSEPH TERMINAL R. CO. v. HANNIBAL & ST. J. R. CO. et al.

6 S.W. 691

94 Mo. 535

ST. JOSEPH TERMINAL R. CO. v. HANNIBAL & ST. J. R. CO. et al.

Supreme Court of Missouri.

February 6, 1888.

APPEAL — APPEALABLE ORDERS — CONDEMNATION PROCEEDINGS — APPOINTMENT OF APPRAISERS.

Rev. St. Mo. 1879, c. 21, art. 6, providing for the condemnation of property for a right of way, requires that the plaintiff must present a petition, and the court, being satisfied that due notice has been given, shall appoint three commissioners to assess the damages. The said commissioners having filed their report, written exceptions may be filed by either party to the same, such exceptions not affecting the construction of the road or railroad, but they, and any subsequent proceedings, only affecting the amount of damages. Held, that a motion for a rehearing in the appointment of said commissioners was not such a final disposition of the cause as to allow an appeal.¹

Appeal from circuit court, Buchanan county; A. M. WOODSON, Special Judge.

Proceedings by the St. Joseph Terminal Railroad Company against the Hannibal & St. Joseph Railroad Company, Kansas City, St. Joseph & Council Bluffs Railroad Company, and others, to condemn lands. The motion of defendants for a rehearing on the appointment of appraisers being overruled, they appealed.

Strong & Mosman, for appellants. Ramey & Brown, for respondent.

BLACK, J.

The plaintiff, a railroad corporation organized under the laws of this state, commenced these proceedings in the circuit court of Buchanan county to condemn property of divers persons and corporations for a right of way. The defendants, the Hannibal & St. Joseph Railroad Company, and the Kansas City, St. Joseph & Council Bluffs Railroad Company, appeared pursuant to notice, and made numerous objections. They first insisted that Mr. Woodson, who was presiding and holding the court as special judge, had no warrant or authority in law to hold the court; that his election as a special judge by the members of the bar was illegal for various reasons. These objections being overruled, these defendants then filed their plea, stating that there were other persons interested in the property owned by them, who should be made defendants, and asking that they be brought in; and also setting up various reasons why their property should not be condemned or subjected to plaintiff's use. The defendants offered, but were denied, the right to make proof of the matters set up in this plea. Without any hearing of the matters thus presented, and upon the showing made by the petition alone, the court appointed commissioners to assess damages; and thereupon these defendants filed a motion for a rehearing, which was overruled. They then filed their bill of exceptions, and prayed an appeal. The appeal was denied by the circuit court, but allowed by one of the judges of this court. The case is now before us on the motion of the plaintiff to dismiss the appeal, because there was no final order or judgment in the case from which an appeal could be taken.

These proceedings are prosecuted under article 6, c. 21, Rev. St. 1879. The procedure there pointed out is, in substance, as follows: The plaintiff must present a petition to the circuit court, or to the judge thereof in vacation. Summons is then issued, giving the owner at least 10 days' notice "of the time when said petition will be heard." The court, or judge in vacation, being satisfied that notice has been given, "shall appoint three commissioners" to assess the damages. They are to view the property, and return, under oath, their assessment of damages to the clerk of the court. The company must then pay the damages assessed to the clerk for the party to whom they are awarded by the commissioners. If the damages are not paid to the clerk, the court may, upon motion and notice, order execution to be issued upon the award; unless the plaintiff elect to abandon the proposed appropriation. Section 896, Rev. St., makes it the duty of the clerk, upon the filing of the commissioners' report, to give notice thereof to the persons whose property is affected. This report may be reviewed by the court upon written exceptions filed by either party, and the court may make such order thereon as justice may require, and may order a new appraisement, and that the damages be assessed by a jury at the request of either party; "but, notwithstanding such exceptions, such company may proceed to * * * construct said road or railroad; and any subsequent proceedings shall only affect the amount of compensation to be allowed."

The statute, § 3710, gives to "every person aggrieved by any final judgment or decision of the circuit court, in any civil cause," a right to make his appeal to the court having appellate jurisdiction. The judgment or decision from which an appeal may be taken must be final; it must be that judgment or decision which determines finally the rights of the parties to the action. An appeal will not lie from decisions of the court on motion, which do not involve a final disposition of the cause; nor from judgments...