State ex rel. Waters-Pierce Oil Co. v. Baggott
Supreme Court of Missouri
Mandamus. (1) If inspections are only to be made of oils contained in wooden barrels, or packages of similar construction, and only such barrels and packages are to be gauged and branded, then, under the law, it is illegal to sell the oils in or from other kinds of packages. There is nothing in the statute to indicate such intention.
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Mandamus. (1) If inspections are only to be made of oils contained in wooden barrels, or packages of similar construction, and only such barrels and packages are to be gauged and branded, then, under the law, it is illegal to sell the oils in or from other kinds of packages. There is nothing in the statute to indicate such intention. So far as the inspections are concerned, section 5842 expressly provides that inspections may be made of oils in.large tanks or reservoirs, thus negativing the claim that they were only to be made in “ wooden packages or packages of similar construction.” That it…
1Opinion of the CourtBlack, J.
The respondent, incompliance with the •stipulation of the parties to this suit, pleaded to the petition, treating it as an alternative writ of mandamus. ' The relator demurred to the return and the case stands ■on this state of the pleadings. The relator is a corporation engaged in refining petroleum oils in the city of St. *67Louis, and William Baggott, the respondent, is the state inspector of such oils for that city.
The facts, as admitted by the pleadings, are these: The relator has a large tank or reservoir, in which., oils for illuminating purposes are stored. A practice had grown up by…
2Cases cited1 opinion
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
3Cited by17 opinions
- State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- State v. White Oak Railway Co.West Virginia Supreme Court · 1909
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- State Ex Rel. Standefer v. EnglandMissouri Court of Appeals · 1959
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