John K. Cummings Realty & Investment Co. v. Deere & Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. O’Neill Ryan, Judge. (1) Plaintiff’s position is that the street in question was, at the time of the passage of the ordinance relied upon by defendant, a public highway, the property of the State, and held by the city of St. Louis only as trustee; that the provision of the charter, giving to the Municipal Assembly the power to “vacate, alter, widen, extend, or pave,” was only intended for the improvement of the use of the…
Read the full summary
Appeal from St. Louis City Circuit Court. — Row. O’Neill Ryan, Judge. (1) Plaintiff’s position is that the street in question was, at the time of the passage of the ordinance relied upon by defendant, a public highway, the property of the State, and held by the city of St. Louis only as trustee; that the provision of the charter, giving to the Municipal Assembly the power to “vacate, alter, widen, extend, or pave,” was only intended for the improvement of the use of the street for public travel, for the public generally, and, if not needed for traffic, to vacate; that the dedication of this…
1Opinion of the CourtFox, P. J.
This cause is brought to this court by appeal on the part of the plaintiff from a judgment of the circuit court of the city of St. Louis dismissing its bill in equity praying for injunctive relief against the defendant. To fully appreciate the nature of this proceeding and the legal propositions involved it is well to reproduce the petition and answer. The petition, omitting formal parts, is as follows:
“Plaintiff states that it is a corporation duly incorporated under the laws of Missouri, that the defendant is also a corporation incorporated under the laws of the State of Illinois.
“Plaintiff-…
2Cases cited12 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Heinrich v. City of St. LouisSupreme Court of Missouri · 1894
- Cummings v. City of St. LouisSupreme Court of Missouri · 1886
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tomazewski v. Palmer Bee Co.Michigan Supreme Court · 1923
- Arcadia Realty Co. v. City of St. Louis.Supreme Court of Missouri · 1930
- Canady v. Coeur D'Alene Lumber Co.Idaho Supreme Court · 1911
- Mandell v. Board of Com'rs of Bernalillo CountyNew Mexico Supreme Court · 1940
- Gorman v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1914
16 more not listed; retrieve them via the Exa API.