Eichenlaub v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The city charter clothed it with power “to regulate, restrain or prohibit’7 the erection of wooden buildings. The power to regulate authorized the city to license.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The city charter clothed it with power “to regulate, restrain or prohibit’7 the erection of wooden buildings. The power to regulate authorized the city to license. Kinsley v. Chicago, 124 Ill. 356; St. Johnsbury v. Thompson, 59 Yt. 300; Welch v. Hotchkiss, 39 Conn. 104. (2) The power of the city to regulate being conceded, it is no defense for it to show a want of compliance on its part with the formalities required by the charter authorizing it to act. Beming v. Houlton, 64 Me. 254; Grandchute v. Winegar, 15. Wall. 355;…
1Opinion of the CourtBlack, P. J.
This is a suit to recover damages for tearing down a partly constructed frame house belonging to the plaintiff, which was situated within the fire limits of the defendant city, as those limits had been defined by ordinance before any part of the building had been constructed. The defendants, other than the city, are Hartwig, Westheimer and McNutt, who were respectively the mayor, acting mayor and chief of the fire department.
The defendants justify under the charter and ordinances. The second section of the act of February 8, 1865, amending the character of the city of St. Joseph (Acts 1865,…
2Cases cited10 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Lowry v. RainwaterSupreme Court of Missouri · 1879
- King v. DavenportIllinois Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- State v. ButlerSupreme Court of Missouri · 1903
- Board of Police Commissioners v. WagnerCourt of Appeals of Maryland · 1901
- McCurley v. City of El RenoSupreme Court of Oklahoma · 1929
- Beem v. DavisIdaho Supreme Court · 1918
22 more not listed; retrieve them via the Exa API.