Legal Opinion

Fischer v. St. Louis

Supreme Court of the United States

Decided May 16, 1904No. 204PublishedCited by 138 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This 'proceeding was originally instituted by a criminal complaint filed by the city of St. Louis against Fischer in the Police Court for a violation of an ordinance of the city in erecting, building and establishing on certain premises occupied by'Fischer, at Nos. 7208 and'7210 North Broadway, a 'dairy and cow stable without first having obtained permission so to do from the municipal assembly by proper ordinance, and for…

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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This 'proceeding was originally instituted by a criminal complaint filed by the city of St. Louis against Fischer in the Police Court for a violation of an ordinance of the city in erecting, building and establishing on certain premises occupied by'Fischer, at Nos. 7208 and'7210 North Broadway, a 'dairy and cow stable without first having obtained permission so to do from the municipal assembly by proper ordinance, and for maintaining .such dairy and cow stable without permission of such assembly. Motion was made to quash the complaint upon…

1Opinion of the Court

Mr. Justice Brown,

after making the foregoing statement, delivered the opinion of the court.'

The authority of the city of St. Louis tó adopt the ordinance in question is found in the Revised Statutes of the State, (1899, pp. 2486 and 2488,) which declares: “ The mayor and assembly shall have power, within the city, by ordinance not inconsistent with the Constitution, or any law of this State, or of this charter, . . . to . . . prohibit the erection of . . •. • cow stables and' dairies. . . . within prescribed limits, and to remove and regulate the same.”

“Finally, to pass all such ordinances,…

2Cases cited6 opinions

  1. Crowley v. ChristensenSupreme Court of the United States · 1890
  2. Soon Hing v. CrowleySupreme Court of the United States · 1885
  3. Gundling v. ChicagoSupreme Court of the United States · 1900
  4. Davis v. MassachusettsSupreme Court of the United States · 1897
  5. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878

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3Cited by138 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Phillips v. CommissionerSupreme Court of the United States · 1931
  3. Standard Oil Co. v. City of MarysvilleSupreme Court of the United States · 1929
  4. New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
  5. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926

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