Legal Opinion

River Rendering Co. v. Behr

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 17 opinions

Appeal from St. Louis Court of Appeals. The construction of the ordinance put upon it by respondent makes it violate section 20 of the bill of rights, which forbids private property from being taken for private use, with or without consent of the owner; also, section 80, which forbids the taking of private property for public use without due process of law.

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Appeal from St. Louis Court of Appeals. The construction of the ordinance put upon it by respondent makes it violate section 20 of the bill of rights, which forbids private property from being taken for private use, with or without consent of the owner; also, section 80, which forbids the taking of private property for public use without due process of law. Donovan v. Mayor, etc., 29 Miss. 247; Fisher v. McGirr, 1 Gray 1,14. The power of making by-laws for the suppression of nuisances is confined to the suppression and prohibition of acts which, if done, must necessarily and inevitably cause…

1Opinion of the CourtHenry, J.

This is an appeal from the judgment of the St. Louis court of appeals, affirming the judgment of the circuit court, perpetually enjoining defendant from removing dead animals from the city of St. Louis. The grounds of the injunction are, that the acts with respect to which appellants are restrained, are violative of an ordinance of said city, No. 10,062, and the question involved relates to the validity of that ordinance, which is as follows :

“An ordinance to repeal ordinance number -6,745, entitled An ordinance to repeal ordinance No. 6,016, entitled ‘An ordinance to amend ordinance No.…

2Cases cited3 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. Lowry v. RainwaterSupreme Court of Missouri · 1879
  3. Underwood v. . GreenNew York Court of Appeals · 1870

3Cited by17 opinions

  1. City of St. Louis v. HillSupreme Court of Missouri · 1893
  2. Valley Spring Hog Ranch Co. v. PlagmannSupreme Court of Missouri · 1920
  3. City of St. Louis v. Edward Heitzeberg Packing & Provision Co.Supreme Court of Missouri · 1897
  4. Eichenlaub v. City of St. JosephSupreme Court of Missouri · 1893
  5. Marshall & Bruce Co. v. City of NashvilleTennessee Supreme Court · 1902

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