City of Kansas v. Ford

• Decision Date: 18 November 1889
• Citation: 99 Mo. 91,12 S.W. 346
• Parties: CITY OF KANSAS v. FORD et al.
• Court: Missouri Supreme Court

12 S.W. 346

99 Mo. 91

CITY OF KANSAS v. FORD et al.

Supreme Court of Missouri.

November 18, 1889.

APPEAL FROM INFERIOR COURTS — JUDGMENT.

The charter of Kansas City, (Sess. Acts Mo. 1875,) art. 7, § 6, provides that when any person is aggrieved by the verdict of a jury in the mayor's court he may appeal to the circuit court for Jackson county. The appeal shall be taken by filing an affidavit with the city clerk, and he shall within a certain time file a complete transcript with the clerk of the circuit court, which "court shall thereupon become possessed of the cause." Held, that the circuit court has no jurisdiction to render judgment in a case commenced in the mayor's court, where its records fail to show that any verdict was rendered in the mayor's court, or that any appeal was taken from such verdict.

Appeal from circuit court, Jackson county; TURNER A. GILL, Judge.

Frank Titus, for appellants.

BRACE, J.

It appears from the records in this case that on the 24th of July, 1886, the city of Kansas passed an ordinance (No. 34,482) providing for the widening of Tracey avenue from Sixth street to Independence avenue, and prescribing the limits within which private property should be deemed to be benefited by the proposed improvement; that notices were issued and served upon certain owners of property to be taken for the purposes of such improvement, among whom were the appellants herein, Ford and Hunt, and a summons for a jury to assess the damages for such property was issued by the mayor under the provisions of the charter of said city, (article 7, § 2, p. 244; Sess. Acts 1875,) returnable March 23, 1887, on which day return was made of the summons, the jury impaneled and sworn, and, being unable to complete their labors, the proceedings were continued by order of the mayor until March 25, 1887, on which day the jury appeared in said court, and the ordinance and plat upon which the proceedings were being carried on was offered in evidence, and proof of publication made against certain parties. On the 1st of April, 1887, this jury was discharged, and the proceedings continued to the 12th of April, 1887, and on the 11th a summons was issued for another jury, returnable on the 12th, on which day the second jury appeared, was sworn, instructed to view the property, and being unable to complete its labors, the proceedings were continued until the 13th of April, 1887. On the 13th the jury and some of the parties appeared, a juryman was discharged, and another sworn in his place; and it was ordered by the court "that this matter, and all proceedings herein, be continued until Monday, May 2, 1887, at 10 of the clock on the forenoon, at," etc.; and with this order ends the proceedings at the mayor's court, so far...