Legal Opinion

Mound City Land & Stock Co. v. Miller

Supreme Court of Missouri

Decided November 26, 1902PublishedCited by 57 opinions

Appeal from Holt Circuit Court. — Eon. Gallatin Craig, Judge. (1) The badges of private corporations are: (a) Formed by voluntary association, tbe court may exclude some lands, but tbe limits are fixed by tbe signers of tbe articles; no inquiry as to practicability; (b) Corporators, sbarebolders, property, votes, not men; (c) Limited as to time, public corporations perpetual; (d) Divested of all state and county supervision, not a political subdivision of tbe State.

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Appeal from Holt Circuit Court. — Eon. Gallatin Craig, Judge. (1) The badges of private corporations are: (a) Formed by voluntary association, tbe court may exclude some lands, but tbe limits are fixed by tbe signers of tbe articles; no inquiry as to practicability; (b) Corporators, sbarebolders, property, votes, not men; (c) Limited as to time, public corporations perpetual; (d) Divested of all state and county supervision, not a political subdivision of tbe State. Tbe county court tbe proper guardian of county affairs; no control here; (e) By forming little independent districts would lead…

1Opinion of the CourtMarshall, J.

This is a proceeding, under sections 6517 et seq., Revised Statutes, 1889 (being now sees. 8251 et seq., R. S. 1899), to have incorporated “Squaw Creek Drainage District No. 1,” in Holt county. The proceeding was instituted in the circuit court of Holt county, on July 2, 1899, by the filing of articles of association and a petition for incorporation, by a majority of the resident owners of a contiguous body of swamp and overflowed lands, embracing an area in excess of six hundred and forty acres, to-wit, of about twenty-three thousand acres. The petition conforms to the requirement of the…

2Cases cited20 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. County of Mobile v. KimballSupreme Court of the United States · 1881
  3. Louisiana v. PilsburySupreme Court of the United States · 1882
  4. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
  5. Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858

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3Cited by57 opinions

  1. Squaw Creek Drainage District v. TurneySupreme Court of Missouri · 1911
  2. Merchants Exchange v. KnottSupreme Court of Missouri · 1908
  3. State ex rel. Harris v. HansonNebraska Supreme Court · 1908
  4. Houck v. Little River Drainage DistrictSupreme Court of Missouri · 1913
  5. City of Huntington v. State Water CommissionWest Virginia Supreme Court · 1953

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