State ex rel. Clover v. Ladies of the Sacred Heart
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Evidence for defense irrelevant and illegal: Because not pertinent to the issue framed by the pleadings. Relating only to the trust and by the ruling of the court, denied to plaintiff unless the court should declare the charter expired. (2) No term declared in the charter, its duration was limited to twenty years.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Evidence for defense irrelevant and illegal: Because not pertinent to the issue framed by the pleadings. Relating only to the trust and by the ruling of the court, denied to plaintiff unless the court should declare the charter expired. (2) No term declared in the charter, its duration was limited to twenty years. Code of 1845, p.' 122, Corporations, sec. 1, par. 1. In interpretation of a charter, the provisions of a general law are to be regarded as if embodied in the charter itself. Renshaw v. Railroad, 18 Mo. 215;…
1Opinion of the CourtBlack, J.
This is a proceeding upon quo warranto in the name of the state at the relation of the circuit attorney of the eighth judicial circuit against “The Ladies of the Sacred Heart,” a corporation created and duly organized under the special act of the legislature of the seventh of December, 1846.
The record discloses these facts :
On the twelfth of March, .1827, John Mullanphy conveyed about twenty-four arpents of land to Philipine Duchesne, Octavie Berthold and Lucilla Math'eron, who were nuns of the Order of the Sacred Heart, to *537have and to hold for nine hundred and ninety-nine years upon trust…
2Cases cited1 opinion
- Fairchild v. Masonic Hall Ass'nSupreme Court of Missouri · 1880
3Cited by5 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- State ex rel. Morris v. Board of TrusteesSupreme Court of Missouri · 1903
- State ex rel. Hines v. GirardeauSupreme Court of Missouri · 1907
- State ex rel. Pritchett School Institute v. LesueurSupreme Court of Missouri · 1897
- State ex rel. Major v. German Mutual Life InsuranceSupreme Court of Missouri · 1909