STATE EX REL. GOVE v. TATE

No. 54151.

442 S.W.2d 541 (1969)

STATE ex rel. Clem C. GOVE, et al., Relators, v. Honorable Joseph T. TATE, Judge, Respondent.

Supreme Court of Missouri, En Banc.

July 14, 1969.


Attorney(s) appearing for the Case

Charles H. Howard, Hendren & Andrae, Jefferson City, for relators.

Lowell McCuskey, Linn, Ralph H. Duggins, Jefferson City, for respondent.


SEILER, Judge.

This is an original action in prohibition. The question is whether the respondent judge would be exceeding his jurisdiction if he proceeds to enter an order of condemnation in an action brought by the city of Linn, a city of the fourth class, to acquire an easement across the property of relators for the construction, maintenance and operation of a sewer line, approximately four feet beneath the surface.

The answer is yes, for two reasons: First...

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