State ex rel. Laclede Gaslight Co. v. Murphy
Supreme Court of Missouri
Mandamus, (1) The act of March 28, 1868, on its face is not an act reviving or reenacting anything. It is prima facie valid. Bailroad v. Shambaugh, 106 Mo. 568. The validity of that act has been repeatedly recognized by this court in its former decisions. City v. Gaslight Co., 70 Mo. 69; Gaslight Co. v. City, 86 Mo. 495; State, etc., v. Gaslight Co., 102 Mo. 472. (2) The charter of relator did not expire on March 2, 1887, as claimed by respondent.
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Mandamus, (1) The act of March 28, 1868, on its face is not an act reviving or reenacting anything. It is prima facie valid. Bailroad v. Shambaugh, 106 Mo. 568. The validity of that act has been repeatedly recognized by this court in its former decisions. City v. Gaslight Co., 70 Mo. 69; Gaslight Co. v. City, 86 Mo. 495; State, etc., v. Gaslight Co., 102 Mo. 472. (2) The charter of relator did not expire on March 2, 1887, as claimed by respondent. (3) The state having invested relator with the right to "light the city of St. Louis, and to make and vend gaslights and other lights, including…
1Opinion of the CourtMacfablane, J.
On the petition of relator an alternative writ of mandamus was issued by this court, directed to respondent Murphy as street commissioner of the city of St. Louis commanding him to show cause why he should not be required to issue a permit to relator to make an excavation along the east side of Broadway as near the curb as practicable, and extend*15ing from Mound street to Olive street in the city of St. Louis, in so far as such excavation should be necessary for the purpose of laying relator’s electric wires under ground.
By its petition relator represents that it is a corporation created under…
2Cases cited6 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- Boyd v. AlabamaSupreme Court of the United States · 1877
- Lake Roland Elevated Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1893
- Fanning v. GregoireSupreme Court of the United States · 1854
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3Cited by17 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Bowers v. City of TaylorTexas Commission of Appeals · 1930
- Turner v. Kansas CitySupreme Court of Missouri · 1945
- City of Goodland v. Bank of DarlingtonMissouri Court of Appeals · 1898
12 more not listed; retrieve them via the Exa API.