Legal Opinion

Mingo Drainage District v. Wilson

Supreme Court of Missouri

Decided March 1, 1916PublishedCited by 10 opinions

Appeal from Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. No persons but those who are owners of swamp, wet or overflowed lands or lands subject to overflow are qualified signers and petitioners in a proceeding to organize and incorporate a drainage district. Laws 1913, p. 233, sec. 2. The acreage majority must be swamp, wet or overflowed lands or lands subject to overflow, and such land must lie in a contiguous body.

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Appeal from Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. No persons but those who are owners of swamp, wet or overflowed lands or lands subject to overflow are qualified signers and petitioners in a proceeding to organize and incorporate a drainage district. Laws 1913, p. 233, sec. 2. The acreage majority must be swamp, wet or overflowed lands or lands subject to overflow, and such land must lie in a contiguous body. Laws 1913, p. 233, see. 2. Owners of real estate in the sense in which the tema “owners” is used in the act under which this proceeding is prosecuted, are the owners of…

1Opinion of the CourtFaris, J.

This is an appeal from a proceeding in the circuit court of Stoddard County for the incorporation of a drainage district under the provisions of the Act of March 24, 1913, [Laws 1913, p. 232, et seq.] . Upon a hearing: on the question of entering a pro forma decree of incorporation and from a judgment decreeing incorporation, appellants here, who are some of the objectors below, have appealed.

*272The questions which are involved turn upon the objections filed by- appellants and others who were not signers of the proposed articles of incorporation. Except for the alleged errors in the admission of…

2Cases cited9 opinions

  1. Kochtitzky v. St. Louis, Memphis & Southeastern RailroadSupreme Court of Missouri · 1911
  2. Incorporation of Birmingham Drainage District v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1915
  3. Chicago, St. P., M. & O. Ry. Co. v. GilbertCourt of Appeals for the Eighth Circuit · 1892
  4. Carder v. Fabius River Drainage District No. 3Supreme Court of Missouri · 1914
  5. Osborn v. Maxinkuckee Lake Ice Co.Indiana Supreme Court · 1900

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3Cited by10 opinions

  1. Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
  2. Farr v. Zoning Board of AppealsSupreme Court of Connecticut · 1953
  3. Aviation Enterprises, Inc. Ex Rel. Jones v. ClineMissouri Court of Appeals · 1965
  4. State Ex Rel. Bush v. ElliottSupreme Court of Missouri · 1963
  5. Garden of Eden Drainage District v. Bartlett Trust Co.Supreme Court of Missouri · 1932

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