Legal Opinion

State ex rel. McBride v. Sheetz

Supreme Court of Missouri

Decided July 9, 1919PublishedCited by 5 opinions

Appeal from Livingston Circuit Court. — Hon. Fred Lamb, Judge. (1) Where the proceedings establishing a drainage district are void, they may be attacked collaterally.

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Appeal from Livingston Circuit Court. — Hon. Fred Lamb, Judge. (1) Where the proceedings establishing a drainage district are void, they may be attacked collaterally. Drainage Dist. v. Ackley, 270 Mo. 172; State ex rel. v. Arcadia Timber Co., 178 S. W. (Mo.) 93; Donner v.~ Board, 278 111. 189; Gibson v. Drainage Dist., 191 S. W. (Ark.), 908; Williams v. Osborne, 104 1ST. E. (Ind.), 27. (2) Every fact essential to tbe jurisdiction of the county court to establish a drainage district' must be shown affirmatively on the record. State ex rel. v. Wilson, 216 Mo. 277; Wayne City Drainage Dist. v.…

1Opinion of the CourtBlair, P. J.

Defendant appeals from a judgment rendered by the Livingston Circuit Court in a *435suit for drainage taxes. The district was organized in 1999.. rgamza ion.

I. (1) It was unnecessary for the petition praying for the organization of the drainage district to state whether the ditch was to be open or closed. The statute then in force (Sec. 5579, R. S. 1909) required no such allegation. [State ex rel. v. Taylor, 224 Mo. l. c. 415, 416 et seq., and cases cited.] The cases cited from other states were decided under materially different statutes. (2) The report of the first board of viewers (Sec. 5580,…

2Cases cited2 opinions

  1. Stamper v. RobertsSupreme Court of Missouri · 1886
  2. State ex rel. Ruppel v. WiethauptSupreme Court of Missouri · 1914

3Cited by5 opinions

  1. Norborne Land Drainage District Co. v. Egypt TownshipSupreme Court of Missouri · 1930
  2. Labaddie Bottoms River Protection District v. RandallSupreme Court of Missouri · 1941
  3. Chariton River Drainage District v. LathamMissouri Court of Appeals · 1943
  4. State ex rel. Davidson v. Missouri State Life InsuranceMissouri Court of Appeals · 1933
  5. State Ex Rel. v. Mo. State L. Ins. Co.Missouri Court of Appeals · 1933

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