City of St. Louis v. Schuttenberg

• Decision Date: 02 June 1919
• Docket Number: No. 20130.,20130.
• Parties: CITY OF ST. LOUIS v. SCHUTTENBERG et al.
• Court: Missouri Supreme Court

212 S.W. 864

CITY OF ST. LOUIS v. SCHUTTENBERG et al.

No. 20130.

Supreme Court of Missouri, Division No. 1.

June 2, 1919.

Appeal from St. Louis Circuit Court; Charles B. Davis, Judge.

Condemnation proceedings by the City of St. Louis against John H. Schuttenberg and others. From an order of the circuit court, taxing as costs against the city compensation allowed James Hagerman, Jr., and others, commissioners in condemnation, the City appeals; its motions to retax having been denied. Affirmed.

Chas. H. Daues and G. Wm. Senn, both of St. Louis, for appellant.

SMALL, C.

This is an appeal from an order of the circuit court of the city of St. Louis, taxing costs against said city in favor of three commissioners in a condemnation proceeding to open an alley.

The commissioners' first meeting was on February 4, 1916. On February 25th, having previously met on 5 different days in the performance of their work, they made an oral application to the court for additional time to make and complete their report. The court granted them 5 days' additional time. On February 26th the city filed a motion to set aside the extension of time thus granted on the ground that additional time was unnecessary, and that the commissioners had not been diligent during the first 5 days of their service. On March 3d this motion was taken up, and testimony was introduced thereon by the city, and, being considered by the court, the motion was overruled. On September 22d the commissioners filed their report, together with a fee bill for 10 days' attendance, or $50 each, for two of them, and 8 days' attendance, or $40, for the other. Afterwards, on the same day, the city filed its motion to disallow the amounts claimed by the commissioners in their fee bill, which the court overruled, and on January 15, 1917, the court rendered final judgment of condemnation, and the aforesaid sums were taxed in favor of the commissioners against the city and ordered paid by it. The total damages allowed to the 16 property owners was $84, and the total compensation allowed the commissioners was $140. Afterwards, on the same day, the city filed its motion to set aside this final allowance to the commissioners, which motion was subsequently overruled.

On February 25th, when the court granted the additional 5 days' time on the oral application of the commissioners, no evidence was heard, and the representatives of the city were not present. The commissioners, however, were present and asked for more time, stating to the court that they had net been able to complete their work, and that more time was necessary. On March 3d, when the city's motion to set aside this allowance of extra time as unnecessary came on for hearing, none of the commissioners were present or represented, nor had they been notified of the filing or hearing of the motion. The city, however, introduced several witnesses who were connected with the city's legal department, who...