Legal Opinion

Maloney v. Real Estate, Building & Loan Ass'n

Missouri Court of Appeals

Decided April 3, 1894PublishedCited by 7 opinions

Appeal from the St. Louis City Circuit Court. — Hon. James E. Witheow, Judge. In order that a foreign construction of a statute adopted in this state should prevail, our statute must be a literal and precise copy of the statute construed. SJcouten v. Wood, 57 Mo. 380; West v. McMullen, 112 Mo. 411; Skrainka v. Allen, 76 Mo. 384. The Missouri statute is not identical in form or spirit with the Pennsylvania statute construed by the Pennsylvania court.

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Appeal from the St. Louis City Circuit Court. — Hon. James E. Witheow, Judge. In order that a foreign construction of a statute adopted in this state should prevail, our statute must be a literal and precise copy of the statute construed. SJcouten v. Wood, 57 Mo. 380; West v. McMullen, 112 Mo. 411; Skrainka v. Allen, 76 Mo. 384. The Missouri statute is not identical in form or spirit with the Pennsylvania statute construed by the Pennsylvania court. R. 8. 1879, art. 9, ch. 21; R. S. 1889, art. 9, ch. 42; 1 Brightly’s Purdon’s Dig., p. 183. In the construction of a statute granting…

1Opinion of the CourtBiggs, J.

— The defendant association is incorporated under article 10, chapter 42, of the Revised Statutes of 1889. Section 2810 of the article provides: “Any shareholder, or the legal representative of any deceased shareholder, wishing to withdraw from the said corporation, shall have power to do so, by giving thirty days’ notice of such intention to withdraw, such notice being given at a regular meeting of the board of directors. On the day following the next regular meeting, or at any time thereafter, the member so withdrawing, or, if deceased, his legal representative, shall be entitled to…

2Cases cited8 opinions

  1. Scovill v. GlasnerSupreme Court of Missouri · 1883
  2. Skouten v. WoodSupreme Court of Missouri · 1874
  3. Lottman v. BarnettSupreme Court of Missouri · 1876
  4. West v. McMullenSupreme Court of Missouri · 1892
  5. Skrainka v. AllenSupreme Court of Missouri · 1882

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3Cited by7 opinions

  1. Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
  2. Reynolds' AppealMissouri Court of Appeals · 1897
  3. Beach v. Guaranty Sav. Assoc.Oregon Supreme Court · 1904
  4. McManus v. BurrowsSupreme Court of Missouri · 1912
  5. Huntington County Loan & Savings Ass'n v. EmerickIndiana Court of Appeals · 1899

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