Legal Opinion

Lally v. Cantwell

Missouri Court of Appeals

Decided April 24, 1888PublishedCited by 8 opinions

Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The privilege granted to a citizen of this state to prosecute whatever lawful occupation he may desire, free from unlawful or wrongful molestation or interference, is a constitutional right, and he must seek his redress in the proper court. Const. Mo., art. 2, secs. 4, 10. The undue interference of defendant in the affairs of plaintiff was a wrong and an unlawful act.

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Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The privilege granted to a citizen of this state to prosecute whatever lawful occupation he may desire, free from unlawful or wrongful molestation or interference, is a constitutional right, and he must seek his redress in the proper court. Const. Mo., art. 2, secs. 4, 10. The undue interference of defendant in the affairs of plaintiff was a wrong and an unlawful act. Bill of Rights, art. 2; Const, of Mo., sec. 5 ; Carew v. Rutherford, 106 Mass. 1 ; Walicer v. Cronin, 107 Mass. 555. The petition clearly shows an invasion of…

1Opinion of the CourtThompson, J.

This appeal is prosecuted from the judgment of the circuit court sustaining a demurrer to the following petition : “ Plaintiff states that defendant is a plumber-by occupation, and doing business at No. 1004, Olive street, in the city of St. Louis, and state of' Missouri; and that said defendant is a member of the ‘Association of Master Plumbers,’ of the said city and state, one of the objects of which is, according to their-printed constitution and by-laws, ‘ to promote amicable relations with employes on the basis of mutual interest and equitable justice to both journeymen and master…

2Cases cited10 opinions

  1. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  2. Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
  3. Rice v. . ManleyNew York Court of Appeals · 1876
  4. Stuart v. SimpsonNew York Supreme Court · 1828
  5. Heywood v. TillsonSupreme Judicial Court of Maine · 1883

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3Cited by8 opinions

  1. Torbett v. Wheeling Dollar Savings & Trust Co.West Virginia Supreme Court · 1984
  2. Boyson v. ThornCalifornia Supreme Court · 1893
  3. Allen v. RamseySupreme Court of Oklahoma · 1935
  4. Sleeper v. BakerNorth Dakota Supreme Court · 1911
  5. Williams v. Irwin-Willert Co.Missouri Court of Appeals · 1980

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