115 Mo. App. 228 | Mo. Ct. App. | 1905
— The Woman’s Christian Association of St. Louis, a benevolent society, was incorporated December 23,1882. Its charter empowered it to provide for the physical, intellectual, social, moral and religious wants of industrial women of St. Louis. For the attainment of
The point made against the decree of the court below is that the statutes prohibit the incorporation of a benevolent society bearing a corporate name already assumed by another corporation; which is true. [R. S. 1899, sec. 1394.] It is said that the name of the new society so closely resembles the name of the old one that confusion in the mails, and other inconveniences in the transaction of business, will result from incorporating the new society nnder that name; and maybe this is true. But we know of no law by virtue of which the St. Louis Women’s Christian Association had the right to be made a party to the proceedings instituted to incorporate the Young Women’s Christian Association, or to appeal from the decree of incorporation. The statutes provide that when a petition for the incorporation of a religious or benevolent society is filed in the circuit court, if the court is of the opinion that the articles of agreement and the purpose of the association, come within the purview of the statutes, and are not inconsistent with Federal or State laws, an order reciting such opinion shall be entered and a certified copy of it attached to the articles. This order cannot be entered until the petition has remained on file for three days after it is presented to the court. If the judge to whom the petition is presented entertains a doubt as to the propriety of incorporating the association, he may appoint some person to investigate the matter as a friend of the court. The amicus curiae may take testimony concerning the purpose of the association, and on the hearing the court may grant or dismiss the petition, as seems best. [R. S. 1899, sec. 1395.] The statutes appear to contemplate an ex parte proceeding, instead of one to which persons or corporations can be made parties on their application
The appeal is dismissed.