Legal Opinion

Hill v. City of St. Louis

Supreme Court of Missouri

Decided December 18, 1900PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jno. A. Talty, Judge. (1) The city of St. Louis has express charter power to establish a general sewer system, to construct sewers, and to regulate the use of the same. Charter, art. 6, secs. 20-23; art 3, sec. 26, par. 2. And also implied power. Dillon’s Mun. Oorp. (4 Ed.), sec. 805. Having constructed its sewers the city may impose any reasonable terms and conditions upon which private citizens may use the same.

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Appeal from St. Louis City Circuit Court. — Hon. Jno. A. Talty, Judge. (1) The city of St. Louis has express charter power to establish a general sewer system, to construct sewers, and to regulate the use of the same. Charter, art. 6, secs. 20-23; art 3, sec. 26, par. 2. And also implied power. Dillon’s Mun. Oorp. (4 Ed.), sec. 805. Having constructed its sewers the city may impose any reasonable terms and conditions upon which private citizens may use the same. Dillon’s Mun. Corp. (4 Ed.), secs. 681 and 805; St. Louis v. Green, 7 Mo. App. 468; s. c., affirmed, 70 Mo. 562; St. Louis v.…

1Opinion of the CourtMarshall, J.

This is a suit in equity to restrain the city of St. Louis and its sewer commissioner from issuing permits to the owners of property in Hodiamont Sewer District Number 1, to connect with the said district sewer until the special taxes due plaintiffs' as the contractors with the city and the builders of said sewer, are paid.

The petition shows that the city of St. Louis duly enacted a general ordinance which prohibited the connection of any private sewer with a public or district sewer, unless a permit for the connection was first issued by the sewer com■sioner, and which further prohibited the…

2Cases cited20 opinions

  1. Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
  2. Rogers v. JonesNew York Supreme Court · 1828
  3. City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
  4. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  5. City of St. Louis v. WeberSupreme Court of Missouri · 1869

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3Cited by7 opinions

  1. Hammett v. Kansas CitySupreme Court of Missouri · 1943
  2. State Ex Rel. Mulvoy v. MillerSupreme Court of Missouri · 1926
  3. McCandless v. CampbellHawaii Supreme Court · 1911
  4. Mobile L. R. Co. v. Copeland SonAlabama Court of Appeals · 1916
  5. Mulkey v. City of KaufmanCourt of Appeals of Texas · 1926

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