Western Tie & Timber Co. v. Pulliam
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — Hon, Jesse C. Sheppard, Judge. (1) The proceedings for the organization of this drainage district are controlled by the drainage law in force at the time; the subsequent transactions, by the law then in force. State ex rel. v. Taylor, 224 Mo. 463. (2) Under the law in force when these proceedings were had, personal service upon landowners resident in the county was required.
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Appeal from Ripley Circuit Court. — Hon, Jesse C. Sheppard, Judge. (1) The proceedings for the organization of this drainage district are controlled by the drainage law in force at the time; the subsequent transactions, by the law then in force. State ex rel. v. Taylor, 224 Mo. 463. (2) Under the law in force when these proceedings were had, personal service upon landowners resident in the county was required. R. S. 1899, sec. 8286. (3) The affidavit filed was not sufficient to authorize an order of publication to landowners not residents of the county. R. S. 1899, sec. 8286; Harness v.…
1Opinion of the CourtFerriss, J.
Suit by the Western Tie & Timber Company, as plaintiff, to enjoin the defendants, judges of the county court of Eipley county, from proceeding with the construction of a drain or artificial water course in Eipley county, and also to enjoin the issuing of certain bonds for the construction of the same, and to prevent assessments and levies against the lands of the plaintiff to pay for the construction of such drain, or to meet or retire bonds issued to pay for same.
The original petition was filed April 18, 1910, in the circuit court of' Eipley county. An amended petition was filed August 26,…
2Cases cited4 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Western Tie & Timber Co. v. Naylor Drainage District Co.Supreme Court of Missouri · 1910
3Cited by10 opinions
- Cherry v. City of Hayti HeightsSupreme Court of Missouri · 1978
- Case v. SipesSupreme Court of Missouri · 1919
- Hines v. HinesSupreme Court of Missouri · 1912
- State Ex Rel. Conran v. DuncanSupreme Court of Missouri · 1933
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
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