Watts v. Levee District No. 1
Missouri Court of Appeals
Appeal from Mississippi Circuit Court — Hon. Henry C. Riley, Judge. (1) Tlie powers of a public corporation are those granted in express words by its charter or the general statutes under which it is incorporated; the powers necessarily or fairly implied in or incident to the powers thus expressly granted; and the powers essential to the declared purposes of the corporation, not only convenient bnt indispensable. 1 Beach on Public Corporations, sec. 538; 1 Dillon on…
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Appeal from Mississippi Circuit Court — Hon. Henry C. Riley, Judge. (1) Tlie powers of a public corporation are those granted in express words by its charter or the general statutes under which it is incorporated; the powers necessarily or fairly implied in or incident to the powers thus expressly granted; and the powers essential to the declared purposes of the corporation, not only convenient bnt indispensable. 1 Beach on Public Corporations, sec. 538; 1 Dillon on Municipal Corporations (4 Ed.), sec. 89; 1 Tiedeman on Municipal Corporations, sec. 110. The power granted in express words by…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The facts connected with the issue of these warrants are so fully set forth in the opinion by Judge Valliant in State ex rel. Stotts v. Wall, supra, that it is unnecessary to go into them.
Before considering whether these warrants are void, let us see if there are here present such acts of ratification or acquiescence by the corporation as raise an estoppel, conceding for the argument, but not conceding it as a fact, that the proceedings under- which the warrants, of which the ones in suit are a part, were issued, were merely invalid and not void. “An estoppel is a…
2Cases cited4 opinions
- Louisiana v. WoodSupreme Court of the United States · 1880
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- Preston v. Missouri & Pennsylvania Lead Co.Supreme Court of Missouri · 1872
- R. T. Davis Mill Co. v. BennettMissouri Court of Appeals · 1889
3Cited by5 opinions
- Scales v. ButlerMissouri Court of Appeals · 1959
- State Ex Rel. McCrate v. RhodesSupreme Court of Missouri · 1942
- State Ex Rel. McMillian v. GuinnSupreme Court of Missouri · 1925
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1925
- Wilson v. King's Lake Drainage & Levee DistrictMissouri Court of Appeals · 1913