Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 63

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...pro tune. (Norfolk vs. Pate, 25 Mo. 597; Pockm-an vs. Meatt, 49 Mo. 348; Saxton vs. Smith, 50 Mo. 490; Dunn vs. Raley, 58 Mo. 134; Jones vs. Hart, 60 Mo. 354.) In Jones vs. Hart, which is a very similar though not so strong a case as the one at bar, this court held that there" was no "mere clerical mistake" subject to correction, as such, by entry nunc pro tune, and reversed the judgment. This was a writ of error, prosecuted from a judgment of the circuit court making an entry nunc pro tune. From the record it appears that on January 6th, 1869, commissioners were appointed by the circuit judge of Pettis county, on the petition of the plaintiif, to assess the damages, if any, caused to the lands of the defendant by reasons of the plaintifi"'s road being located over and through them. The 9th section of the plaintiif's charter, under which the proceedings were had, providcs, that: "if any owner of any tract of land through which such railroad shall pass, shall refuse to relinquish the right of way for said road to said company, or the necessary lands for depot, engines, or warehouses, water stations, stopping stages, or turn-outs, or if the owners be infants, or persons of unsound mind, or non-residents of the State, the facts of the case shall be specially stated to the judge of the circuit court of the county in which said lands are situated; and said judge shall appoint three disinterested citizens of the county in which such lands are situated, to view said lands, who shall take into consideration the value of the land, and advantages and disadvantages of the road to the same, and shall report under oath what damages will be due to said lands, or any improvements thereon, stating the amount of...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236903129
  • 9781236903129