Wilson v. King's Lake Drainage & Levee District
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The defendant had a valid de facto existence at the time of incurring the obligations sued on, and cannot now escape liability thereon.
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Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) The defendant had a valid de facto existence at the time of incurring the obligations sued on, and cannot now escape liability thereon. While it may be ■conceded that the defendant corporation was never a perfectly constituted de jure' corporation until the entry of the sécond judgment of the county court confirming the report of the commissioners of November 29, 1904, it by no means follows that it had no real or responsible existence prior to that date. Our contention is that the body which, under the name “King’s Lake…
1Opinion of the CourtGraves, J.
This is the second appearance of this ease in this court. When first here we transferred it to the St. Louis Court of Appeals, because we thought the jurisdiction was there — Wilson v. King’s Lake *275Drainage & Levee District, 237 Mo. 39. Then, as now, the case stood upon a demurrer to plaintiff’s petition. The Court of Appeals have thoroughly thrashed out the question. That court first held that the trial court was right in sustaining the demurrer to plaintiff’s petition, but upon motion a rehearing was granted and had, and upon the second hearing a majority of that court was of opinion that…
2Cases cited22 opinions
- Louisiana v. WoodSupreme Court of the United States · 1880
- Mobile v. WatsonSupreme Court of the United States · 1886
- Broughton v. PensacolaSupreme Court of the United States · 1876
- Morrison v. MoreySupreme Court of Missouri · 1898
- Thompson v. AbbottSupreme Court of Missouri · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- State Ex Rel. Caldwell v. Little River Drainage DistrictSupreme Court of Missouri · 1921
- State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
- Graves v. Little Tarkio Drainage District No. 1Supreme Court of Missouri · 1939
- Town of Montevallo v. Village School DistrictSupreme Court of Missouri · 1916
15 more not listed; retrieve them via the Exa API.