Legal Opinion

Union Depot Co. v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 15 opinions

Appeal from St. Louis Court of Appeals. The city charter of March 4th, 1870, was in force in February, 1874, and continued in force until October 21st, 1876, when it was superseded by the present charter of the city. Under the charter of March 4th, 1870, the city council was not authorized to vacate or abolish a street or highway, nor to do any act, nor to grant any privilege, which would operate as such vacation or abolition.

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Appeal from St. Louis Court of Appeals. The city charter of March 4th, 1870, was in force in February, 1874, and continued in force until October 21st, 1876, when it was superseded by the present charter of the city. Under the charter of March 4th, 1870, the city council was not authorized to vacate or abolish a street or highway, nor to do any act, nor to grant any privilege, which would operate as such vacation or abolition. Laws of 1870, p. 464, § 1, art. 3. The power to vacate streets in the city of St. Louis, in the year 1874, was vested in the county court of St. Louis county. 2 Wag.…

1Opinion of the CourtHenry, J.

This is a proceeding to restrain defendants from interfering with the construction of certain buildings by plaintiff', and from removing and demolishing certain buildings erected by plaintiff, south of Poplar street in the city of St. Louis, upon what was formally dedicated and used as Eleventh street, as alleged by defendants, which the defendant, the city of St. Louis, proposes to re-open for use by the public as a street. A temporary injunction was, on the hearing in the circuit court, made perpetual, and defendants appealed to the St. Louis court of appeals, which affirmed the judgment,…

2Cases cited3 opinions

  1. Hannibal v. Marion CountySupreme Court of Missouri · 1865
  2. Grant v. City of DavenportSupreme Court of Iowa · 1865
  3. State ex rel. Township Forty-Four v. DentSupreme Court of Missouri · 1853

3Cited by15 opinions

  1. State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
  2. State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
  3. Noel v. City of San AntonioCourt of Appeals of Texas · 1895
  4. Kerker v. BocherSupreme Court of Oklahoma · 1908
  5. Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914

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