Legal Opinion

State ex rel. Pittman v. Adams

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 16 opinions

Error to Sixth District Court. I. The act of December 11, 1863, was inoperative and conferred no title to the curatorship on the defendants in this case. (Fletcher v. Peck, 6 Cranch, 87,136 ; State v. Wilson, 7 Cranch, 164; Pawlet v. Clark, 9 Cranch, 292 ; 1 Kyd on Corporations, 16; Wales v. Stetson, 2 Mass. 143, 146; Terret v. Taylor, 9 Cranch, 43.) H. If the amendment of 1847 was invalid for any cause, it was simply a nullity.

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Error to Sixth District Court. I. The act of December 11, 1863, was inoperative and conferred no title to the curatorship on the defendants in this case. (Fletcher v. Peck, 6 Cranch, 87,136 ; State v. Wilson, 7 Cranch, 164; Pawlet v. Clark, 9 Cranch, 292 ; 1 Kyd on Corporations, 16; Wales v. Stetson, 2 Mass. 143, 146; Terret v. Taylor, 9 Cranch, 43.) H. If the amendment of 1847 was invalid for any cause, it was simply a nullity. It had no operation for any purpose, and, least of all, for vitiating the original charter or effecting a forfeiture. III. If by any means a forfeiture was…

1Opinion of the Court

Bliss, Judge,

delivered the 'opinion of the court.

The circuit attorney of the 19th judicial circuit filed in the St. Charles Circuit Court an information, in the nature of a quo toarranto, on the relation of David K. Pittman, Andrew Monroe, Trusten Polk, Asa N. Overall, Daniel A. Griffith, Samuel Overall, Norman Lackland, Lloyd Dorsay, Wrenshall D. Fielding, John A. Talley, James S. M. Gray, Thos. W. Cunningham, James Campbell, Robert B. Frazier, Richard E. Bland, Dennis McDonald, John W. Robinson, John Atkinson, Joseph Boyle, Enoch'M. Marvin, Edward A. Lewis, and David K. McAnally, against…

2Cases cited7 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
  3. Presbyterian Congregation v. JohnstonSupreme Court of Pennsylvania · 1841
  4. Commonwealth v. President of St. Patrick Benevolent SocietySupreme Court of Pennsylvania · 1810
  5. Commonwealth v. Pennsylvania Beneficial InstitutionSupreme Court of Pennsylvania · 1815

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3Cited by16 opinions

  1. Nance v. BusbyTennessee Supreme Court · 1892
  2. Dickey v. VolkerSupreme Court of Missouri · 1928
  3. TRUSTEES OF RUTGERS COLLEGE IN NJ v. RichmanNew Jersey Superior Court Appellate Division · 1956
  4. Gray v. Christian SocietyMassachusetts Supreme Judicial Court · 1884
  5. In re ParrottUnited States Circuit Court · 1880

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