Stegmann v. Weeke
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The first cause was not heard on its merits at a final hearing, hence, since the petition states a cause of action, the court should not have dismissed the suit at the preliminary hearing on the order to show-cause why a temporary injunction should not issue. And even if the petition did not state a good cause of action, appellants had a right to amend.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The first cause was not heard on its merits at a final hearing, hence, since the petition states a cause of action, the court should not have dismissed the suit at the preliminary hearing on the order to show-cause why a temporary injunction should not issue. And even if the petition did not state a good cause of action, appellants had a right to amend. Harrison v. Rush, 15 Mo. 175; State ex rel. v. Smith, 188 Mo. 179; (2) Sections 22 and 23, both original and amended, of the ordinance are unconstitutional, both…
1Opinion of the Court
WHITE, C.
The plaintiffs are truck gardeners and farmers, and officers of a voluntary unincorporated association which consists of twenty-five hundred members. The defendant is Commissioner of Weights and Measures of the City of St. Louis. The plaintiffs filed their amended petition in the circuit court of St. Louis on April 24, 1918, in which they set out a certain ordinance of the City of St. Louis, No. 29795, enacted on the ninth day of August, 1917, which was alleged to be in violation of the State and Federal Constitutions and unreasonable and oppressive. Under this ordinance the…
2Cases cited1 opinion
- City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
3Cited by10 opinions
- State Ex Rel. General Dynamics Corp. v. LutenSupreme Court of Missouri · 1978
- Bayer v. Associated Underwriters, Inc.Missouri Court of Appeals · 1966
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- State v. Local No. 8-6, Oil, Chemical & Atomic Workers International UnionSupreme Court of Missouri · 1958
- Moore v. CarterSupreme Court of Missouri · 1947
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