Sylvester Coal Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. (1) Proceedings by a municipal corporation under an ordinance which is entirely void may be restrained^ 2 High on Inj., sec. 1247; Mayor v. Radeke, 49 Md. 217; Davis v. Fasig, 128 Ind. 271; Rushvillev.
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Appeal from St. Louis City Circuit Cou/rt. (1) Proceedings by a municipal corporation under an ordinance which is entirely void may be restrained^ 2 High on Inj., sec. 1247; Mayor v. Radeke, 49 Md. 217; Davis v. Fasig, 128 Ind. 271; Rushvillev. Rush-ville, 28 N. E. Eep. 853; Hitchcock v. St. Lo%iis, 49 Mo. 484; Dennison v. Kansas City, 95 Mo. 416; Schopp v. St. Loiás, 117 Mo. 131. (2) The plaintiffs are entitled to maintain this action jointly and there is no misjoinder of parties plaintiff. Smith v. Sivomsteadt, 16 How. (U. S.) 288; Newmeyer v. Railroad, 52 Mo. 81; Ranney v. Vader, 67 Mo.…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the circuit court of the city of St. Louis, sustaining a demurrer to plaintiffs’ petition. The material allegations of the petition are, that the plaintiffs, the Sylvester Coal Company, The Berry-Horn Coal Company, The St. Louis Fuel Company and the Lebanon Machine Association, are, respectively, corporations created under the laws of the state of Missouri and engaged in the business of selling and delivering coal by the wagon load, to be used as fuel in the city of St. Louis; that they are licensed merchants and have paid their tax as such; that each of…
2Cases cited11 opinions
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- City of Rushville v. Rushville Natural Gas Co.Indiana Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Auto Transit Co. v. City of Ft. WorthCourt of Appeals of Texas · 1915
- Kelly v. ConnerTennessee Supreme Court · 1909
- Glencoe Lime & Cement Co. v. City of St. LouisSupreme Court of Missouri · 1937
- Dibrell v. City of ColemanCourt of Appeals of Texas · 1914
- Schubach v. McDonaldSupreme Court of Missouri · 1903
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