Legal Opinion

Risley v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1864PublishedCited by 4 opinions

Appeal from St. Louis Land Court. The plaintiff filed his petition as follows: The plaintiff in -the above entitled cause states, that he is the owner and he is now in possession of the following described real estate, situate in the city and county of St. Louis, to-wit: A lot of ground, one hundred and forty feet on Risley street by eighty-five leet in depth, bounded north by Lombard street, east by self et al., south by Vorester, and west by Risley, in the city and county…

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Appeal from St. Louis Land Court. The plaintiff filed his petition as follows: The plaintiff in -the above entitled cause states, that he is the owner and he is now in possession of the following described real estate, situate in the city and county of St. Louis, to-wit: A lot of ground, one hundred and forty feet on Risley street by eighty-five leet in depth, bounded north by Lombard street, east by self et al., south by Vorester, and west by Risley, in the city and county of St. Louis, State of Missouri, in block number forty-four; also a lot of ground, one hundred and sixty-three feet nine…

1Opinion of the CourtBates, Judge

It has been held by this court in the case of the City of St. Joseph v. Anthony, 30 Mo. 537, which was a suit for the collection of an assessment on a lot owner to pay for macadamizing an adjoining street, that it was not necessary that the plaintiff (the city) should prove a strict compliance with all the ordinances directory as to the subject, but that the defendant might show a neglect of duty by the authorities, and if he was injured thereby, it might constitute a defence.

In like manner in this case, we inquire only whether the proceedings which resulted in executions agaiizst the…

2Cases cited1 opinion

  1. City of St. Joseph v. AnthonySupreme Court of Missouri · 1860

3Cited by4 opinions

  1. Fowler v. City of St. JosephSupreme Court of Missouri · 1866
  2. Uhrig v. City of St. LouisSupreme Court of Missouri · 1869
  3. Bell v. McCoySupreme Court of Missouri · 1896
  4. Creamer v. AllenMissouri Court of Appeals · 1877

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