City of St. Louis v. Fischer
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Glarle, Judge. (1) (a) We are dealing in this case with the right of property and not with the question of nuisance, (b) A dairy or cow stable has never been considered or treated as a nuisance per se, or prima facie. If complained of as a nuisance, that question must be tried in a proper proceeding as a question of fact.
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Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Glarle, Judge. (1) (a) We are dealing in this case with the right of property and not with the question of nuisance, (b) A dairy or cow stable has never been considered or treated as a nuisance per se, or prima facie. If complained of as a nuisance, that question must be tried in a proper proceeding as a question of fact. (2) Section 5 of the ordinance is in violation of the fourteenth amendment to the Constitution of the United States. (3) (a) Section 5 of the ordinance is in violation of article 2, section 30, of the…
1Opinion of the Court
In Division Two.
GANTT, J.
This is a civil action by the city of St. Louis to recover a fine of $100 for the violation of section 5 of a city ordinance of said city, numbered 18407, approved April 6, 1896, which said section is in these words:
“No dairy or cow stable shall hereafter be erected, built or established within the limits of this city without first having obtained permission so to do from the municipal assembly by proper ordinance, and no dairy or cow stable not in operation at the time of the approval of this ordinance shall be maintained on the premises unless permission so to do…
Also in this document: Concurrence; Per curiam.
2Cases cited9 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- State v. BroadbeltCourt of Appeals of Maryland · 1899
- Eichenlaub v. City of St. JosephSupreme Court of Missouri · 1893
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3Cited by26 opinions
- Ex Parte Quong WoCalifornia Supreme Court · 1911
- City of St. Louis v. LiessingSupreme Court of Missouri · 1905
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
- Oakley v. RichardsSupreme Court of Missouri · 1918
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
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