259 Mo. 207 | Mo. | 1914
Afterwards, in August, 1909, appellants appealed, from the award or decision of said jury of freeholders to the circuit court of St. Louis county.
When the case came on for hearing in the circuit court, appellants demanded a jury and trial de novo. The court refused the request for a jury and appellants excepted to the action of the court. The court heard evidence with reference to the benefits resulting to, and the damages sustained by, appellants as the owners of the land sought to be taken. Defendants offered to prove that the land was not being condemned for a public use or purpose. The court refused the offer and defendants excepted.
The judgment of the circuit court was as follows: “Now come the parties by their attorneys, and the court having heard the evidence and the arguments of counsel and being fully advised in the premises doth find that the plaintiff as' a city of the fourth class instituted condemnation proceedings under section 5993, Eevised Statutes of Missouri, 1899, for the purpose of widening a public street known as Clinton Place in said city, and thereby appropriating to the public use lands belonging to each of the defendants, which were properly described in the proceedings of the municipal authorities, a transcript of which proceedings is filed herein, and stands as and for the plaintiff’s pleadings, the defendants having duly appealed to this court from the award of the mayor’s jury of freeholders; that said award and the compensation allowed defendants thereby for the taking of the lands of defendants Cronin and McCabe, and each
Appellants duly perfected an appeal to this court. Such further statement of facts as shall be necessary to an understanding of the points involved will be made in the course of the opinion.
I. Appellants contend: (1) That the appointment of the mayor’s jury was not entered upon the records of the city as required by section 9415, Revised Statutes 1909; (2) that the record fails to show that appellants were served with notice of the hearing before the mayor’s jury.
It therefore follows that the judgment must be reversed and the cause remanded for a trial de novo in the circuit court. It is so ordered.
PER CURIAM. — The foregoing opinion of Williams, C., is adopted as the opinion of the court.