DeField v. Harding Dredge Co.
Missouri Court of Appeals
Appeal from Mississippi County Circuit Court. — Hon. Frank Kelly, Judge. (1) The Harding Dredge Company having made default, plaintiff was entitled to a judgment against it for the amount sued for. Section 1799, R. S. Mo. 1909. (2) Appellant could not proceed under the statute for two reasons: First, because the drainage district is a municipal corporation. Second, because the funds of the district were in the hands of the county treasurer.
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Appeal from Mississippi County Circuit Court. — Hon. Frank Kelly, Judge. (1) The Harding Dredge Company having made default, plaintiff was entitled to a judgment against it for the amount sued for. Section 1799, R. S. Mo. 1909. (2) Appellant could not proceed under the statute for two reasons: First, because the drainage district is a municipal corporation. Second, because the funds of the district were in the hands of the county treasurer. Section 2415, R. S. Mo. 1909. (3) The Harding Dredge Company had completed its contract with the drainage district, and the balance due it had been…
1Opinion of the CourtRobertson, P. J.
The plaintiff appeals. The court sustained the demurrer of the defendant Drain*565age District to the petition, plaintiff elected to stand thereon and the court rendered judgment against him.
The petition was filed August 9, 1913, and alleges that for more than ten years prior thereto plaintiff had been and was then a resident citizen of Mississippi county; that the defendant, Harding Dredge Company, was at the dates therein mentioned and then a foreign corporation created and organized under the laws of the State of Indiana, authorized to do business in this State, and that the defendant,…
2Cases cited10 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Devers v. HowardSupreme Court of Missouri · 1898
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Geist v. City of St. LouisSupreme Court of Missouri · 1900
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3Cited by3 opinions
- State Ex Rel. English v. TrimbleSupreme Court of Missouri · 1928
- Kenan v. MoonSupreme Court of Alabama · 1930
- O'Connell v. SmithMissouri Court of Appeals · 1939