96 Mo. 39 | Mo. | 1888
By certiorari, the Chicago, Rock Island & Pacific Railway Company brought up to the circuit court certain proceedings had in the county court for opening a public road, and when the proceedings of the county court were thus brought up for revision, moved to quash them for reasons to be presently noticed. This motion was denied.
Whenever the proceedings of a court, summary in their nature, are had with the view to take or condemn
The fact of notice having been given in the mode pointed out by the statute, is as much a j nrisdictional prerequisite as is the residence of the statutory number of petitioners. If either be lacking, the jurisdiction fails, and for the obvious reason that such proceedings, being in invitum, in derogation of common law and common right, are always regarded as strictissiml juris, and receive no help from intendments or implications, and so this court has repeatedly held. Ellis v. Railroad, 51 Mo. 200, and cases cited; Jefferson County v. Cowan, 54 Mo. 234; Whitely v. Platte County, 73 Mo. 30; Zimmerman v. Snowden, 88 Mo. 218; Anderson v. Pemberton, 89 Mo. 61; Colville v. Judy, 73 Mo. 615 ; Railroad v. Campbell, 62 Mo. 585.
Again, section 6937, Revised Statutes, says : ‘ ‘ The commissioner, shall take the relinquishment of the right
But furthermore, the writ of certiorari is in the nature of a writ of error, and operates in a similar way.
The judgment should be reversed and the cause remanded.