Hogan v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The petition in this case shows that plaintiff sues as a “citizen and property-owner and taxpayer for himself, and on behalf of all others similarly interested,” thus evidencing the purpose of preventing a multiplicity of suits and presenting a proper case for equitable interposition, for the right to intervene for the purpose of preventing a multiplicity of suits is a distinct head of equity…
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The petition in this case shows that plaintiff sues as a “citizen and property-owner and taxpayer for himself, and on behalf of all others similarly interested,” thus evidencing the purpose of preventing a multiplicity of suits and presenting a proper case for equitable interposition, for the right to intervene for the purpose of preventing a multiplicity of suits is a distinct head of equity jurisdiction. Ewing v. Board of Education, 72 Mo. 441; State v. Saline County, 51 Mo. 350; Matthis v. Cameron, 62 Mo. 506; 1…
1Opinion of the CourtValliant, J.
Plaintiff, as a resident taxpayer of defendant city, brings this suit in equity to enjoin the city, its officers and their co-defendant, the Kern Incandescent Gas Light Company (hereinafter called the Kern Company) from carrying out what the petition calls a pretended contract alleged to have been made by the city with the Kern Company for lighting the streets.
According to the petition, on January 11, 1900, the Board of Public Improvements,- acting under authority of city ordinance 19892, approved December 7,1899, advertised for bids for a contract to light a large part of the city. In answer…
2Cases cited2 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Missouri Coal & Mining Co. v. LaddSupreme Court of Missouri · 1901
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- Filmakers Releasing Organization v. Realart Pictures of St. Louis, Inc.Missouri Court of Appeals · 1964
- Philip A. Ryan Lumber Co. v. BallCourt of Appeals of Texas · 1915
- Flinn v. GillenSupreme Court of Missouri · 1928
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