Legal Opinion

State ex rel. St. Joseph Water Co. v. Eastin

Supreme Court of Missouri

Decided June 25, 1919PublishedCited by 3 opinions

Appeal from Buchanan Circuit Court. — Ron. Thomas B. Allen, Judge. (1) One-vital issue involved in this case was adjudicated long before this suit was brought, and the subject-matter of the suit then became res adjudicata. State ex rel. Buchanan County v. Patton, 271 Mo. 554; State ex rel. v. Mining Co., 262 Mo.. 502; Exposition Driving' Park v. Kansas City, 174 Mo. 438; Turnverein v. Hagerman, 232 Mo. 704; Edmonson v. Carter, 180 Mo. 515; LaRue v. Kempf, 186 Mo.

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Appeal from Buchanan Circuit Court. — Ron. Thomas B. Allen, Judge. (1) One-vital issue involved in this case was adjudicated long before this suit was brought, and the subject-matter of the suit then became res adjudicata. State ex rel. Buchanan County v. Patton, 271 Mo. 554; State ex rel. v. Mining Co., 262 Mo.. 502; Exposition Driving' Park v. Kansas City, 174 Mo. 438; Turnverein v. Hagerman, 232 Mo. 704; Edmonson v. Carter, 180 Mo. 515; LaRue v. Kempf, 186 Mo. App. 701; Drake v. Mayor of New York, 77 N. Y. 611; So. Minn. Ry. Ext. Co. v. Railroad, 55 Fed. 090; Hirshbach v. Ketchum, 82 N. Y.…

1Opinion of the CourtBlair, J.

This is an appeal from a judgment for relator in a proceeding by mandamus to compel appellants to audit, allow and pay a claim for a balance alleged to be due for water furnished during a period of about four years preceding the application for the alternative writ. The facts are stated in State ex rel. v. Eastin, 2'70 Mo. 193, and a restatement of them in detail will not be necessary.

Under a franchise ordinance adopted and accepted in 1900, relator, a public service corporation, agreed to furnish water to large consumers in the City of St. Joseph at the rate of six cents per thousand…

2Cases cited6 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Boyd v. AlabamaSupreme Court of the United States · 1877
  3. State ex inf. Crow v. Continental Tobacco Co.Supreme Court of Missouri · 1903
  4. Register v. HensleySupreme Court of Missouri · 1879
  5. State ex rel. St. Joseph Water Co. v. GeigerSupreme Court of Missouri · 1912

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3Cited by3 opinions

  1. Rossi v. DavisSupreme Court of Missouri · 1939
  2. Glines v. HenwoodCourt of Appeals for the Eighth Circuit · 1939
  3. Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933

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