MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
We think the only question in this case was settled by the Supreme Court of Missouri in Smith v. County of Clark, 54 Mo. 59, where it was held on a petition for rehearing, after the case had been once decided, p. 81, that "whether the corporation had a legal existence or not when the subscription was made, is a question that cannot be raised in a collateral proceeding." In this case, as in that...
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