St. Louis v. Dorr
Supreme Court of Missouri
Error to St. Louis Court of Criminal Correction. — Hon. James R. Claiborne, Judge. (1) This being a constitutional question, the subject is open to examination notwithstanding the decision in the case of Murnane v. St. Louis, 123 Mo. 479; Railroad y. Morgan Co. Ct., 53 Mo. 156. (2) The decision in Murnane v. St. Louis is erroneous. (3) The boulevard law is constitutional.
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Error to St. Louis Court of Criminal Correction. — Hon. James R. Claiborne, Judge. (1) This being a constitutional question, the subject is open to examination notwithstanding the decision in the case of Murnane v. St. Louis, 123 Mo. 479; Railroad y. Morgan Co. Ct., 53 Mo. 156. (2) The decision in Murnane v. St. Louis is erroneous. (3) The boulevard law is constitutional. (4) At the outset it is proper to bear in mind that there is no city in the State of Missouri organized under the laws of this State in reference to cities of the first class, and comparatively few cities in the State that…
1DissentSherwood, J.
(dissenting). — The defendants, Dorr and Zeller, were prosecuted in the Second District Police Court of the City of St. Louis for the violation of city ordinance No. 16669, approved April 22, 1892.
The alleged violation consisted in carrying on a business avocation, to wit: that of confectioners, in a certain brick building occupied by defendants situated on the south side óf Washington boulevard, contrary to the ordinance aforesaid.
In 1891 the General Assembly of Missouri passed the act (Acts 1891, p. 47) entitled “An act relating to boulevards in cities having a population of three hundred…
Also in this document: Concurrence.
2Cases cited17 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
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