Voss v. Des Moines & Mississippi Levee District No. 1
Missouri Court of Appeals
Appeal from Clark Circuit Court.- — Hon. N. M. Pettingill, Judge. (1) When the commissioners returned their report to the board of supervisors, under Sec. 8365, R. S. 1899, without making the allowance herein sued for, the plaintiff was not at fault;'. that is to say, he was not a party to that act. Wilson v. King’s Lake District, 176 Mo.
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Appeal from Clark Circuit Court.- — Hon. N. M. Pettingill, Judge. (1) When the commissioners returned their report to the board of supervisors, under Sec. 8365, R. S. 1899, without making the allowance herein sued for, the plaintiff was not at fault;'. that is to say, he was not a party to that act. Wilson v. King’s Lake District, 176 Mo. App. 470. (2) Plaintiff had no cause .of action against the commissioners for. ref using to make his allowance, nor the supervisors for not doing their duty. The board of supervisors having accepted the commissioners report without their having allowed…
1Opinion of the CourtNortoni, J.
This is a suit in assumpsit for the reasonable value of a portion of levee constructed by plaintiff and his assignors. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
It appears the Egyptian Levee Company, incorporated under a special act of the Legislature of 1855, constructed and maintained a system of levees in Clark county, Missouri, to protect certain lands from the overflow of the Des Moines, Fox, and Mississippi rivers. About 11,500 acres of land were included in 'the district, and the levees were maintained for many years, but finally the corporation…
Also in this document: Concurrence.
2Cases cited4 opinions
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
- Winkleman v. Des Moines & Mississippi Levee District No. 1Missouri Court of Appeals · 1913
- Wilson v. King's Lake Drainage & Levee DistrictMissouri Court of Appeals · 1913