Eaton v. County of St. Charles
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals.' This was an action brought by appellants in the circuit court of the county of St. Charles for damages for the breach of a contract, entered into on the part of the respondent by commissioners appointed under the statute of this State, approved March 3rd, 1869, and the amendatory act approved February 15th, 1873, entitled “An act to provide for the reclamation of swamp and. overflowed lands bordering on or situated near the river,”…
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Appeal from St. Louis Court of Appeals.' This was an action brought by appellants in the circuit court of the county of St. Charles for damages for the breach of a contract, entered into on the part of the respondent by commissioners appointed under the statute of this State, approved March 3rd, 1869, and the amendatory act approved February 15th, 1873, entitled “An act to provide for the reclamation of swamp and. overflowed lands bordering on or situated near the river,” whereby appel-. lants undertook to perform certain work, in accordance with plans and specifications under the directions…
1Opinion of the Court
I
Sherwood, J.
A proceeding under the provisions of the swamp land act, is a special statutory proceeding, and notice under that act is a jurisdictional fact which must affirmatively appear, or else all steps subsequently taken will be coram non judice. In proceedings of the character mentioned the same rule holds in courts of general as in courts of limited jurisdiction; no more favorable presumptions are to be indulged in the former than in the latter. Ells v. Railroad Co., 51 Mo. 200, and cases cited. For this reason we cannot make any presumptions in favor of notice having been given of…
2Cases cited1 opinion
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
3Cited by6 opinions
- State Ex Rel. Dew v. TrimbleSupreme Court of Missouri · 1925
- State Ex Rel. Lane v. CorneliSupreme Court of Missouri · 1943
- State Ex Rel. St. Louis Die Casting Corp. v. MorrisSupreme Court of Missouri · 1949
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- Doddridge v. PattersonSupreme Court of Missouri · 1909
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