Winkleman v. Des Moines & Mississippi Levee District No. 1
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. G. D. Stewart, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. The existence of Egyptian Levee Co. being pleaded and it being sued, admits its existence, and its existence is presumed to continue, and if still existing, it can have no successor, its liabilities are its own and cannot be saddled upon another and different public corporation.
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Appeal from Clark Circuit Court. — Hon. G. D. Stewart, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. The existence of Egyptian Levee Co. being pleaded and it being sued, admits its existence, and its existence is presumed to continue, and if still existing, it can have no successor, its liabilities are its own and cannot be saddled upon another and different public corporation. Allegations of status and capacity are material and necessary. Weil v. Gfreene County, 69 Mo. 281; 1 Ency. of Plead. & Prac. p. 796; State ex rel. v. Bugg, 224 Mo. 537. (2)…
1Opinion of the CourtNortoni, J.
This is a suit on a judgment. The finding and judgment were for plaintiffs and defendant prosecutes the appeal.
Plaintiffs ’ predecessor in right recovered the judgment in suit in the circuit court of Clark county on November 19, 1890, in the sum of $1963.77, against the Egyptian Levee Company, a corporation formed and existing at the time by virtue of an act of the Legislature passed February 27, 1855. The Egyptian Levee Company was incorporated under this act for the purpose of reclaiming and protecting from overflow about 11,000 acres of land in Clark county lying between the Des Moines and…
2Cases cited14 opinions
- 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
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
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3Cited by10 opinions
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
- Falvey v. HicksSupreme Court of Missouri · 1926
- Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
- Knowles v. ScofieldCourt of Criminal Appeals of Texas · 1980
- Quinn v. American Bankers' Assurance Co.Missouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.