Wilson v. King's Lake Drainage & Levee Dist.
Decision Date | 05 July 1913 |
Citation | 158 S.W. 931 |
Parties | WILSON v. KING'S LAKE DRAINAGE & LEVEE DIST. |
Court | Missouri Court of Appeals |
Defendant drainage and levee district was organized to take the place of a previous district, the organization of which was held invalid on appeal to the Supreme Court. Plaintiff had constructed a levee for the original district prior to the judgment of the Supreme Court, and the defendant district took over such levee. Held that, as R. S. 1909, § 5573, providing that the drainage act shall be liberally construed to promote the reclamation of wet and overflowed land, the building of necessary embankments or levees, and the preservation of any system already constructed, authorized defendant district to take over the levee already constructed, defendant district is liable to plaintiff for the benefits received from his work, even though the original district was not even a de facto corporation.
9. DRAINS (§ 49) — EQUITABLE ESTOPPEL — PERSONS ESTOPPED.
While an estoppel may not be invoked against a municipal corporation which acts entirely beyond the scope of its charter, yet the doctrine of estoppel applies in case of municipal contracts or acts within the charter; hence where a drainage and levee district took over a levee system constructed by plaintiff for its predecessor, whose organization was held invalid by the courts, it is estopped from claiming exemption from payment for plaintiff's work merely because all of the details pertaining to the employing of the old levee were not complied with.
10. DRAINS (§ 49) — LIABILITY OF DRAINAGE DISTRICT — DEFENSES.
Where plaintiff constructed a levee for the predecessor of the defendant drainage and levee district, whose organization was held invalid by the courts, the old levee being taken over by defendant, defendant cannot escape liability on the theory that plaintiff did the work at his peril, where it appeared that he completed his work before a decision of the Supreme Court holding the original corporation invalid was rendered.
Appeal from Circuit Court, Lincoln County; James D. Barnett, Judge.
Action by Thomas C. Wilson, as administrator, etc., against the King's Lake Drainage & Levee District. From a judgment sustaining a demurrer to the petition, plaintiff appeals. Judgment reversed, and cause certified to the Supreme Court.
See, also, 237 Mo. 39, 139 S. W. 136.
F. L. Schofield, of Hannibal, and E. B. Woolfolk, of Troy, for appellant. O. H. Avery and W. A. Dudley, both of Troy, for respondent.
This is a suit in equity and the question for decision arises alone on the face of the bill. Defendant interposed a demurrer to plaintiff's bill, and the court sustained it. From this judgment so sustaining the demurrer, plaintiff prosecutes the appeal here.
Omitting caption and signatures, the bill is as follows; however, the italics employed therein are our own:
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Donovan v. Kansas City
...contends contra. We have no quarrel with the result of the cases here stressed by plaintiff, viz.: Wilson v. King's Lake Drainage & Levee District (Banc), 257 Mo. 266, 165 S.W. 734; Edwards v. Kirkwood, 147 Mo.App. 599, 127 S.W. 378; Schueler v. Kirkwood, 191 Mo.App. 575, 177 S.W. 760; Unit......
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Wilson v. King's Lake Drainage And Levee District
... ... as will appear by reference to the decision of the Supreme ... Court overturning it. [See King's Lake Drainage Dist ... v. Jamison, 176 Mo. 557, 75 S.W. 679.] ... [176 ... Mo.App. 492] It has been said the judgment of the Supreme ... Court ... ...
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Thompson v. City of Malden
...Dist. v. Turney, 235 Mo. 80, 138 S.W. 12; Houck v. Little River Drainage Dist., 248 Mo. 373, 154 S.W. 739; Wilson v. King's Lake Drainage & Levee Dist., 176 Mo.App. 470, 158 S.W. 931; Id., 257 Mo. 266, 165 S.W. 734; State ex rel. McWilliams v. Little River Drainage District, 269 Mo. 444, 19......