Kansas City, St. Joseph & Council Bluffs R.R. Co. v. Campbell, Nelson & Co.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSHERWOOD
Citation62 Mo. 585
Decision Date31 May 1876
PartiesTHE KANSAS CITY, ST. JOSEPH & COUNCIL BLUFFS R. R. CO., Appellant, v. CAMPBELL, NELSON & CO., et al., Respondents.

62 Mo. 585

THE KANSAS CITY, ST. JOSEPH & COUNCIL BLUFFS R. R. CO., Appellant,
v.
CAMPBELL, NELSON & CO., et al., Respondents.

Supreme Court of Missouri.

May Term, 1876.


[62 Mo. 586]

Appeal from Clay Circuit Court.

B. F. Stringfellow, for Appellant.

I. Nowhere on the record does it appear that the parties could not agree on the compensation to be made for the land taken. (Cunningham vs. Pac. R. R., 61 Mo., 33.) This being a question of jurisdiction, it can be raised even here for the first time.

II. An infant cannot waive service of process by himself or guardian.

III. The apportionment is so excessive as to call for the censure of this court.

J. W. Jenkins, with J. E. Merryman, for Respondents.

I. The facts are found by the commissioners, and like the verdict of a jury, when affirmed by the court sitting in the cause, will not be reviewed by this court, unless the court is satisfied that they erred in the premises on which they made their report. (St. L. & St. Jo. R. R. Co. vs. Richardson, 45 Mo., 466; 17 Mo., 376; 43 Barb. [N. Y.], 169; 24 Mo., 552; 2 How., 25; 6 How. Pr., 467; Abb. Dig. [Law of Corp.], 188.)

II. The court can only review the errors mentioned in the motion for a new trial. (Brady vs. Connelly, 52 Mo., 19.)


SHERWOOD, Judge, delivered the opinion of the court.

The proceeding, originally instituted by the Missouri Valley Railroad Co., of which the present plaintiff is the

[62 Mo. 587]

successor, had for its object the appropriation of a certain strip of land, to make what is known as a “Y,” and to connect the road of the petitioner with the bridge at Kansas City, and the road then leading to the bridge, on the north side of the Missouri river.

The subjoined plat more fully illustrates my meaning.

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE

[62 Mo. 588]

We may remark at the outset, that there is a fatal defect observable in the record before us. It is this, that record does not show that the parties to this suit “cannot agree upon the proper compensation to be paid” for the land sought to be condemned. (Wagn. Stat., 326, § 1.)

This is a jurisdictional fact, and without it is apparent on the record, the court whose aid is sought, whether possessing special or general jurisdiction, is powerless to take any valid step in the premises. For, when the superior courts are engaged in the exercise of special and limited statutory powers, as in the present instance, they and their records occupy the same footing, and are subject to the same rules and tests, as courts whose jurisdiction is special and limited.

This point was so ruled in Ellis vs. Pacific R. R. (51 Mo., 200.) And the rulings of this court have been uniform, wherever it has been attempted by summary proceedings to divest the owner of his property, that the record must affirmatively show that the conditions precedent to the exercise of such extraordinary powers have been fully complied with....

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38 practice notes
  • Kansas City v. Jones Store Co., No. 29710.
    • United States
    • United States State Supreme Court of Missouri
    • 3 June 1930
    ...Mo. App. 578; Chicago, R.I. & Pac. Ry. Co. v. Young, 96 Mo. 39; K.C. St. Joseph & C.B. Railroad Co. v. Campbell, Nelson & Co., 62 Mo. 585; Ellis v. Pac. Railroad Co., 51 Mo. 200; Keane v. Strodtman, 18 S.W. (2d) 898; Orrick School District v. Dorton, 125 Mo. 439; Cunningham v. P......
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • 17 March 1928
    ...was made. St. Louis v. Brown, 155 Mo. 545; St. Louis v. Abeln, 170 Mo. 318; Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585. Notice of the taking of property for a public use must precede and not follow the determination of compensation therefor. The owner of property m......
  • Heady v. Crouse
    • United States
    • United States State Supreme Court of Missouri
    • 22 February 1907
    ...judgments or decrees that every fact necessary to their jurisdiction should appear upon the face of the records." Kansas v. Campbell, 62 Mo. 585; Johnson v. Beazley, 65 Mo., loc. cit. 255, 27 Am. Rep. It must be apparent from these authorities that the original jurisdiction of the circ......
  • City of St. Louis v. Rossi, No. 30740.
    • United States
    • United States State Supreme Court of Missouri
    • 19 October 1933
    ...v. Richardson, 45 Mo. 468; Hannibal Bridge Co. v. Schaubacker, 49 Mo. 558; Railroad Co. v. Almeroth, 62 Mo. 343; Railroad Co. v. Campbell, 62 Mo. 585; Fitzhugh v. Railroad Co., 107 Va. 158, 59 S.W. 415; Appeal of Piper, 32 Cal. 539; Atchison, Topeka & Santa Fe v. Schneider, 127 Ill. 144......
  • Request a trial to view additional results
41 cases
  • Kansas City v. Jones Store Co., No. 29710.
    • United States
    • United States State Supreme Court of Missouri
    • 3 June 1930
    ...Currey, 173 Mo. App. 578; Chicago, R.I. & Pac. Ry. Co. v. Young, 96 Mo. 39; K.C. St. Joseph & C.B. Railroad Co. v. Campbell, Nelson & Co., 62 Mo. 585; Ellis v. Pac. Railroad Co., 51 Mo. 200; Keane v. Strodtman, 18 S.W. (2d) 898; Orrick School District v. Dorton, 125 Mo. 439; Cunningham v. P......
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • 17 March 1928
    ...was made. St. Louis v. Brown, 155 Mo. 545; St. Louis v. Abeln, 170 Mo. 318; Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585. Notice of the taking of property for a public use must precede and not follow the determination of compensation therefor. The owner of property m......
  • Heady v. Crouse
    • United States
    • United States State Supreme Court of Missouri
    • 22 February 1907
    ...their judgments or decrees that every fact necessary to their jurisdiction should appear upon the face of the records." Kansas v. Campbell, 62 Mo. 585; Johnson v. Beazley, 65 Mo., loc. cit. 255, 27 Am. Rep. It must be apparent from these authorities that the original jurisdiction of the cir......
  • City of St. Louis v. Rossi, No. 30740.
    • United States
    • United States State Supreme Court of Missouri
    • 19 October 1933
    ...v. Richardson, 45 Mo. 468; Hannibal Bridge Co. v. Schaubacker, 49 Mo. 558; Railroad Co. v. Almeroth, 62 Mo. 343; Railroad Co. v. Campbell, 62 Mo. 585; Fitzhugh v. Railroad Co., 107 Va. 158, 59 S.W. 415; Appeal of Piper, 32 Cal. 539; Atchison, Topeka & Santa Fe v. Schneider, 127 Ill. 144; Ha......
  • Request a trial to view additional results

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