State Ex Rel. Pickering v. City of Willow Springs
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. E. P. Dorris, Judge. The court committed error in rendering a judgment or pretended judgment against defendant, city of Willow Springs, for the reason that the petition, or pretended petition, and application states no cause of action against the city of Willow Springs and the evidence fails to disclose any condition that the city of Willow Springs is hound to or has any power to abate; that said petition is not against any…
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Appeal from the Howell Circuit Court. — Hon. E. P. Dorris, Judge. The court committed error in rendering a judgment or pretended judgment against defendant, city of Willow Springs, for the reason that the petition, or pretended petition, and application states no cause of action against the city of Willow Springs and the evidence fails to disclose any condition that the city of Willow Springs is hound to or has any power to abate; that said petition is not against any officer of, the city of Willow Springs asking the performance of any ministerial duty enjoined upon such officer and the court…
1Opinion of the CourtBradley, J.
-This cause is in mandamus to compel the defendant city to abate a nuisance. On trial what might be termed a judgment of peremptory mandamus was rendered directing the abatement of the nuisance. Prom this judgment the defendant city appealed.
Near the defendant city, but just beyond the corporate limits, is a creamery from which the washings and waste are discharged into a drain or branch. This branch passes near relator’s dwelling. The waste discharged does not pass down the branch and away, only at intervals, because the branch does not flow freely only after heavy rains. The consequence is…
2Cases cited4 opinions
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. First National Bank v. BourneMissouri Court of Appeals · 1910
- Sallee v. City of St. LouisSupreme Court of Missouri · 1899
- State ex rel. Vogel v. BerschMissouri Court of Appeals · 1900
3Cited by3 opinions
- State Ex Rel. Shartel v. HumphreysSupreme Court of Missouri · 1936
- State Ex Rel. Associated Holding Co. v. City of St. JosephMissouri Court of Appeals · 1943
- Dyer v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1930