Catholic Church v. Tobbein
Supreme Court of Missouri
.Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. 1. The attempted incorporation of the plaintiff' was void. Const., art. 2, § 8 ; State v. Patten,• 62 Mr. 444 ; State v. Holladay, 66 Mo. 385 ; Pusz v. Spaunhorst, 67 Mo. 256; State v. Bailway Go., 74 Mo. 163; State v. Van Every, 75 Mo. ■530; Chicora Co. v. Creios, 6 Rich.
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.Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. 1. The attempted incorporation of the plaintiff' was void. Const., art. 2, § 8 ; State v. Patten,• 62 Mr. 444 ; State v. Holladay, 66 Mo. 385 ; Pusz v. Spaunhorst, 67 Mo. 256; State v. Bailway Go., 74 Mo. 163; State v. Van Every, 75 Mo. ■530; Chicora Co. v. Creios, 6 Rich. (N. S.) 243,275 ; Endowment Co. v. Satchwell, 71N. C. 111. The rule that the State alone can question its corporate existence, has no application except in cases where there is a de facto corporation and the regularity of its organization, or where the power…
1Opinion of the CourtHenry, J.
Plaintiff, as a corporation, instituted this suit in the circuit court of Caldwell county to establish a certain paper writing, as the last will and testament of Ilott Tobbein, deceased, which having been offered for probate to the probate court of Caldwell county was rejected. This cause was taken by change of venue to the circuit court of Livingston county, where plaintiff'obtained a judgment, from which defendants have appealed.
Ilett Tobbein died in September, 1879, leaving as his last will and testament the paper writing in question, which contained the following devises and bequests,…
2Cases cited2 opinions
- Rutherford v. Williams' Legal RepresentativesSupreme Court of Missouri · 1876
- Frank v. DrenkhahnSupreme Court of Missouri · 1882
3Cited by22 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Lilly v. MenkeSupreme Court of Missouri · 1894
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
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