Stegmann v. Weeke
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Vital W. Garesche, Judge. (1) Courts have jurisdiction to enjoin the enforcement of an illegal ordinance.
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Appeal from St. Louis City Circuit Court.— Hon. Vital W. Garesche, Judge. (1) Courts have jurisdiction to enjoin the enforcement of an illegal ordinance. Coal Company v. City of St. Louis, 130 Mo. 323; Union Cemetery Assn, v. Kansas City, 252 Mo. 466; Jewel Tea Co. v. City of Carthage, 257 Mo. 383; Hays v. Poplar Bluff, 263 Mo. 516. (2) Sections 22 and 23, both original and amended, are not in harmony with the constitutional and statutory State provisions, and for that reason are illegal and void. St. Louis v. Meyer, 185 Mo. 593; Peterson v. Railroad, 265 Mo. 497; See. 9582, R. S. 1909; St.…
1Opinion of the Court
WHITE, C.
This is a companion case to No. 21,151 of the same title. Many facts pertinent here are fully set out in the opinion in chat case and it may be read in connection with this case. However, for convenience, it is proper briefly to restate some of -them. That was a suit brought by plaintiffs as farmers and truck gardeners, to restrain the Commissioner of Weights and Measures of the City of St Louis from enforcing a certain ordinance, No. 29,795. in that case the circuit court, on a preliminary hearing for the purpose of determining whether a temporary restraining order should be issued,…
2Cases cited7 opinions
- Schmidinger v. City of ChicagoSupreme Court of the United States · 1913
- Turner v. MarylandSupreme Court of the United States · 1883
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- City of Chicago v. SchmidingerIllinois Supreme Court · 1909
- Eaton v. KeganMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- King v. PriestSupreme Court of Missouri · 1947
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- Dennig v. GrahamMissouri Court of Appeals · 1933
- Schlett v. Antonia Fire Protection DistrictMissouri Court of Appeals · 1985
- Opinion No. (1990), Missouri Attorney General Reports1990