Rice v. Jefferson
Missouri Court of Appeals
Appeal from the Jackson Circuit Coivrt. — Hon. R. H. Field, Judge. (1) The erection of a wooden buihhng vrithin the fire limits is an offense created alone by ordinance of' the city. For a violation of such ordinance the offender is liable only to the city, and in the manner and to the extent prescribed by the ordinance. Wcvrren v. Cavanaugh, 33 Mo. App. 102; Moore v. White, 45-Mo. 206; Kottinger .v.
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Appeal from the Jackson Circuit Coivrt. — Hon. R. H. Field, Judge. (1) The erection of a wooden buihhng vrithin the fire limits is an offense created alone by ordinance of' the city. For a violation of such ordinance the offender is liable only to the city, and in the manner and to the extent prescribed by the ordinance. Wcvrren v. Cavanaugh, 33 Mo. App. 102; Moore v. White, 45-Mo. 206; Kottinger .v. Neto Orleans, 8 S. Rep. 575;. JReecl v. Railroad, 33 Cal. 217; Willis v. Tale, 1 Mete. 553. (2) A court of equity will not restrain by injunction the threatened violation of a city…
1Opinion
ON MOTION NOR REHEARING.
Smith, P. J.
— We have examined with much care the grounds upon which plaintiffs challenge the correctness of the ruling announced in the opinion. No authority has been cited nor have we, after considerable research, been able to find any that tends in the least to unsettle the conviction we have expressed. We have looked in vain for an authoritative statement of the law to the effect that a court of chancery will lend its aid by its mandatory injunctive process to enforce at the suit of a private pm'ty a mere police regulation of a municipal corporation. Nor have we…
2Cases cited10 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Book v. EarlSupreme Court of Missouri · 1885
- Price v. ThompsonSupreme Court of Missouri · 1871
- Cummings v. City of St. LouisSupreme Court of Missouri · 1886
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
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