Von Phul v. City of St. Louis
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS. 1. There is no proof that the board of health ever made the order served upon the appellant, nor that it was served upon him by an authorized person. 2. The board of health had not authority to make the particular command in said order or notice. 3. The nuisance complained of was caused by the wrongful acts of the appellee. 4. It was the duty of the city to correct this nuisance.
1Opinion of the CourtTompkins, J.
This was an action,commenced by the city of St. Louis, against Von Phul before the city Recorder. Judgment was there given against the defendant Von Phul; and he appealed to the circuit court, where judgment being again given against him, he appealed to this court. The cause was tried before the court without the intervention of a jury. Some evidence was given on each side. After the court had found its verdict and given judgment thereon, the defendant moved for a new trial: Because the verdict was against the evidence, and against law.
No instructions appear to have been asked of the court as…
2Cited by7 opinions
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Wilson v. AlbertSupreme Court of Missouri · 1886
- Waddell v. WilliamsSupreme Court of Missouri · 1872
- Smith v. HeideckerSupreme Court of Missouri · 1866
- Bunker v. HiblerMissouri Court of Appeals · 1892
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