Ruckert v. Grand Avenue Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Belden P. Spencer, Judge. (1) This appeal is prosecuted directly to this court as involving the construction of the Constitution. Constitution, art. 6, sec. 12; Amend. 1884, sec. 5. (2) The trial court exceeded its jurisdiction, and usurped the province of the statutory commission. R. S. 1889, sec. 1825; Lindell’s Adm’r v. Railroad, 36 Mo. 545; Koch v. Water Co., 65 Pa.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Belden P. Spencer, Judge. (1) This appeal is prosecuted directly to this court as involving the construction of the Constitution. Constitution, art. 6, sec. 12; Amend. 1884, sec. 5. (2) The trial court exceeded its jurisdiction, and usurped the province of the statutory commission. R. S. 1889, sec. 1825; Lindell’s Adm’r v. Railroad, 36 Mo. 545; Koch v. Water Co., 65 Pa. St. 288; Brown v. Beatty, 34 Miss. 227; Taylor v. Railroad, 80 Mich. 81; Milhau v. Sharp, 27 N. T. 621; Henniker v. Railroad, 29 N. H. 146; Railroad v. Turner, 41 Ark. 494;…
1Opinion of the CourtGantt, J.
On the fourth day of October, 1894, tbe plaintiff filed in tbe circuit court of tbe city of St. Louis, bis petition in tbe nature of a bill in equity, to enjoin tbe defendant, a street railway company, from constructing, maintaining and operating a line of surface street railway on Grand avenue, in said city of St. Louis.
Tbe ¡oetition alleges tbe incorporation of tbe respondent under tbe laws of Missouri; that there was duly passed and enacted by tbe municipal assembly of tbe city of St. Louis a certain ordinance, numbered 17047, which was duly approved by tbe mayor of said city on tbe…
2Cases cited14 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States Cement Co. v. CooperIndiana Supreme Court · 1909
- Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
- Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
13 more not listed; retrieve them via the Exa API.