City of St. Louis v. Gleason
Missouri Court of Appeals
Appeal from the St. Louis Circuit Qpurt, Thayer, J. These proceedings being in invitum, no presumptions of jurisdiction are made. Every fact necessary to jurisdiction must affirmatively appear. — Kansas City K. JR. v. Campbell, 62 Mo. 585 ; Cole v. Cole, 3 Mo, App. 571; In re Burmeister, 56 How. Pr. 416. Where facts preliminary to an ordinance are required, their absence renders the ordinance void.
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Appeal from the St. Louis Circuit Qpurt, Thayer, J. These proceedings being in invitum, no presumptions of jurisdiction are made. Every fact necessary to jurisdiction must affirmatively appear. — Kansas City K. JR. v. Campbell, 62 Mo. 585 ; Cole v. Cole, 3 Mo, App. 571; In re Burmeister, 56 How. Pr. 416. Where facts preliminary to an ordinance are required, their absence renders the ordinance void. And there is no “prima:facie evidence” law to help this defect. —City Charter, Art.VI., sect. 2 (p.162, Bev.Ord.) ; Reynolds v. 8'ehweinefus, 1 Sup. Ct. (Cin.) 113 ; Perlcinson v. Partridge, 3 Mo.…
1Opinion of the CourtThompson, J.
This is a proceeding instituted by the city of St. Louis, under the provisions of its charter, and of an ordinance purporting to be passed in pursuance thereof, to establish and open Benton Street* in said city, from Jefferson Avenue to Garrison Avenue. Commissioners were appointed, who *27made a report to the court; exceptions were filed by certain property owners to the same; these exceptions were overruled, the report confirmed, judgment entered accordingly, andan appeal has been taken to this court.-
I. The petition fails to show that the ordinance on which the proceeding is based was passed…
2Cases cited13 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- City of St. Louis v. FosterSupreme Court of Missouri · 1873
- Werz v. WerzMissouri Court of Appeals · 1881
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3Cited by14 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
- Sandell v. City of OmahaNebraska Supreme Court · 1927
- City of St. Louis v. GleasonSupreme Court of Missouri · 1886
9 more not listed; retrieve them via the Exa API.