Legal Opinion

Robins v. Latham

Supreme Court of Missouri

Decided June 2, 1896PublishedCited by 21 opinions

Appeal from New Madrid Circuit Court. — Hon. H. C. Biley, Judge. (1) First. Section 6669 and the following, Bevised Statutes of 1889, provides what territory may be organized into a levee district by the county courts in the several counties and the method to be pursued in procuring said organization; the qualification of the members of the levee bpard, etc. Each of the provisions of said section is negatived by the petition.

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Appeal from New Madrid Circuit Court. — Hon. H. C. Biley, Judge. (1) First. Section 6669 and the following, Bevised Statutes of 1889, provides what territory may be organized into a levee district by the county courts in the several counties and the method to be pursued in procuring said organization; the qualification of the members of the levee bpard, etc. Each of the provisions of said section is negatived by the petition. The petition charges in substance the failure to comply with any of the regulations required by the statute preliminary to the organization of the levee district; and…

1Opinion of the CourtBurg-ess, J.

This is an appeal from the judgment of the circuit court of New Madrid county, sustaining a general demurrer to plaintiff’s petition.

Omitting the caption the petition is as follows:.“The plaintiff herein, first having obtained leave of court, filed this, his amended petition, and for cause of action says that he sues for himself and others *469similarly situated ■within the limits of the territory hereinafter designated.

“For their cause of action these plaintiffs say that at the August term, 1892, of the county court of New Madrid county, Missouri, there was presented to the county court as…

2Cases cited5 opinions

  1. Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
  2. Wolfe v. MarshalSupreme Court of Missouri · 1873
  3. Claflin v. McDonoughSupreme Court of Missouri · 1863
  4. Sheldon v. South School District in the West SocietySupreme Court of Connecticut · 1855
  5. Smith v. Inhabitants of ReadfieldSupreme Judicial Court of Maine · 1847

3Cited by21 opinions

  1. State Ex Rel. S. S. Kresge Co. v. HowardSupreme Court of Missouri · 1947
  2. B & D Inv. Co., Inc. v. SchneiderSupreme Court of Missouri · 1983
  3. Lowe v. CopelandCalifornia Court of Appeal · 1932
  4. Fox v. EdwardsCourt of Appeals for the Second Circuit · 1923
  5. Brink v. Kansas CitySupreme Court of Missouri · 1946

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