Big Lake Drainage District v. Rolwing
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. R. G. Ranney¡ Special Judge. (1) A strict construction of a statute is a close adherence to the literal interpretation, and a case is excluded from its operation unless the language of the statute includes it, while a statute liberally construed may be extended to include cases clearly within the mischief intended to he remedied, unless such construction does violence to the language used.
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Appeal from Scott Circuit Court. — Hon. R. G. Ranney¡ Special Judge. (1) A strict construction of a statute is a close adherence to the literal interpretation, and a case is excluded from its operation unless the language of the statute includes it, while a statute liberally construed may be extended to include cases clearly within the mischief intended to he remedied, unless such construction does violence to the language used. Lagler v. Bye, 85 N. E. 36; Moore v. Company, 164 Mo. App. 165; Priest v." Capitain, 236 Mo. 446; State v. Company, 87 Pac. 286; Begent v. Company, 112 Mo. App. 271;…
1Opinion of the CourtBond, J.
statemen . I. This is the second appeal in this case. The facts presented and the points ruled on in the first appeal are set out in In re Big Lake Drainage District; Marshall et al., Appellants, v. B. C. Rolwing, 265 Mo. 450.
In that case it was held that the district was validly incorporated and the circuit court of Scott County was possessed of jurisdiction of all further proceedings to be taken in the case and the judgment of the circuit court, purporting to annul the incorporation of said district, was reversed and the cause remanded for further proceedings.
On the second trial it was…
2Cases cited1 opinion
- Big Lake Drainage District v. RolwingSupreme Court of Missouri · 1915
3Cited by5 opinions
- Graves v. Little Tarkio Drainage District No. 1Supreme Court of Missouri · 1939
- Richards v. EarlsSupreme Court of Missouri · 1939
- State Ex Rel. Scott v. TrimbleSupreme Court of Missouri · 1925
- Platte City Benefit Assessment Special Road District v. CouchSupreme Court of Missouri · 1928
- State ex rel. Ray v. Arcadia Timber Co.Supreme Court of Missouri · 1918