Boyer v. City of St. Joseph

• Decision Date: 05 July 1916
• Docket Number: No. 19044.,19044.
• Citation: 187 S.W. 1185
• Parties: BOYER et al. v. CITY OF ST. JOSEPH.
• Court: Missouri Supreme Court

187 S.W. 1185

BOYER et al. v. CITY OF ST. JOSEPH.

No. 19044.

Supreme Court of Missouri, Division No. 2.

July 5, 1916.

Appeal from Circuit Court, Buchanan County; Chas. H. Mayer, Judge.

Suit by Josie Boyer against the City of St. Joseph, in which William Pape became party plaintiff upon his application. From a judgment for defendant, plaintiffs appeal. Affirmed.

This action was instituted by appellant Josie Boyer for herself and all other persons similarly interested to enjoin the enforcement of a judgment of condemnation entered in the circuit court of Buchanan county, in what are known locally as the "parkway proceedings," and to remove from the title of appellant Josie Boyer the apparent lien of an assessment for benefits made in said proceeding. A few months later William Pape became a party plaintiff upon his application, he being one of the persons similarly interested and for whose benefit the action was originally brought. The trial court denied appellants any relief, and found the issues for respondent city.

The petition makes no objection to the regularity of the proceedings of the circuit court in the Parkway matter except this: That the notice to the property owners notified them that a jury would be impaneled in Division No. 1 of the circuit court on June 20, 1912, to assess the damages and benefits, but that the court took no action in the matter on that day and made no order continuing it to another day, and that on the following day, June 21, 1912, the court without any further notice impaneled a jury and proceeded in the matter. The petition then alleges that by reason of such failure to act on June 20, 1912, the proceedings thereafter were void and resulted in an effort to take the property of plaintiff and of others similarly situated without due process of law. It alleges that said proceedings constituted a cloud on the title of the property of plaintiffs and of others similarly situated. The petition prays that such proceedings be adjudged null and void and that the city be enjoined from proceeding to enforce the judgment therein, and for the removal of said cloud on the title.

The answer alleges that plaintiff herein was in court on June 20, 1912, in answer to the summons issued to her in the proceedings; that the circuit court in which the proceedings were pending took no action on June 20, 1912, in said matter because it was busy in trying another case.

Coplaintiff William Pape was placed upon the stand and testified...