Big Tarkio Drainage Dist. v. Heine

• Decision Date: 24 March 1914
• Citation: 165 S.W. 340,256 Mo. 164
• Parties: BIG TARKIO DRAINAGE DIST. v. HEINE et al.
• Court: Missouri Supreme Court

165 S.W. 340

256 Mo. 164

BIG TARKIO DRAINAGE DIST. v. HEINE et al.

Supreme Court of Missouri, Division No. 2.

March 24, 1914.

Appeal from Circuit Court, Holt County; W. C. Ellison, Judge.

Proceeding by the Big Tarkio Drainage District against August Heine and another to assess damages and benefits from the construction of a drain. From a judgment for plaintiff, defendants appeal. Reversed and remanded, with directions to dismiss the proceedings.

H. B. Williams, of Craig, and Frank Petree, of Oregon, Mo., for appellant. W. H. Richards, of Oregon, Mo., and John M. Williams, of California, Mo., for respondent.

ROY, C.

All the material facts necessary to be passed upon in this case are the same as in the case of the same plaintiff against Fritz Voltmer, 165 S. W. 338, which has just been decided. For the reasons stated in the opinion in that case, the judgment is reversed and the cause remanded, with directions to dismiss the proceeding to assess benefits and damages.

WILLIAMS, C., concurs.

PER CURIAM.

The foregoing opinion of ROY, C., is adopted as the opinion of the court. All concur.