State ex rel. Hines v. Scott County Macadamized Road Co.
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. Bobt. A. Anthony, Judge. (1) Is the proper remedy by injunction in this case! (a) This is a suit by injunction to determine appellant’s right to hold or execute a franchise. The laws of the State provide that quo warranto is the remedy in such case. R. S. 1890', sec. 4457. (b) The above statute provides an adequate legal remedy and equity will not. entertain jurisdiction where there is an adequate remedy at law.
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Appeal from St. Francois Circuit Court. — Hon. Bobt. A. Anthony, Judge. (1) Is the proper remedy by injunction in this case! (a) This is a suit by injunction to determine appellant’s right to hold or execute a franchise. The laws of the State provide that quo warranto is the remedy in such case. R. S. 1890', sec. 4457. (b) The above statute provides an adequate legal remedy and equity will not. entertain jurisdiction where there is an adequate remedy at law. Cadwaleder v. Atchison, 1 Mo. 659; Cabanne v. Lisa’s Exrs., Id. 683; West v. Wayne, .3 Mo. 16; McPike v. Pew, 48' Mo. 525; Stockton v.…
1Opinion of the Court
*61IN DIVISION TWO'.
GANTT, J.
— This is a proceeding ex-officio by tbe prosecuting attorney of Cape Girardeau county to perpetually enjoin tbe defendant, its officers, agents, servants, successors and assigns from maintaining a public, continuing nuisance by obstructing a public highway in said county, known as the Scott County Road and sometimes as the Rock levee across the Big Swamp from the city of Cape Girardeau to the bluffs in Scott county, by maintaining on and across said highway, toll gates and exacting toll from the public who have occasion to use said highway. The petition alleges that…
Also in this document: Per curiam.
2Cases cited29 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Kellogg v. MalinSupreme Court of Missouri · 1872
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- Turnpike Co. v. IllinoisSupreme Court of the United States · 1878
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