St. Louis, Iron Mountain & Southern Railway Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wi. H. Horner, Judge. (1) The judgment of the county court in this case-was appealable, there being no provision of law ex-jiressly prohibiting such appeal. R. S., sec. 1210. The appeal was taken in the same manner as an appeal from. a justice of the peace to the circuit court. The case, therefore, should have been tried anew in the circuit court, under section 1210 of the Revised Statutes above referred to.
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Appeal from St. Louis City Circuit Court. — Hon. Wi. H. Horner, Judge. (1) The judgment of the county court in this case-was appealable, there being no provision of law ex-jiressly prohibiting such appeal. R. S., sec. 1210. The appeal was taken in the same manner as an appeal from. a justice of the peace to the circuit court. The case, therefore, should have been tried anew in the circuit court, under section 1210 of the Revised Statutes above referred to. (2) The instruction asked by appellant, above set forth, should have been given. The right to occupy streets in a city with the consent of…
1Opinion of the CourtBlack, J.
The St. Louis, Iron Mountain & Southern Railway Company presented its petition to the county court of St. Louis county, asking for the right to lay its tracks upon certain streets and alleys in the city of St. Louis. The matter was continued from time to time in order that the objections of various persons and corpor.ations might be heard A The city of St, Louis, by its law officer, appeared and insisted that the court had no jurisdiction over the subject matter, but the court made the order as prayed for, and the city appealed to the •circuit court. The proceedings remained in that court…
2Cases cited7 opinions
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- Lacy v. WilliamsSupreme Court of Missouri · 1858
- Vitt v. OwensSupreme Court of Missouri · 1868
- State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
- Tetherow v. Grundy County CourtSupreme Court of Missouri · 1845
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3Cited by20 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Sheridan v. FlemingSupreme Court of Missouri · 1887
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