City of St. Charles v. Elsner
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The court erred in refusing the instruction ashed by the plaintiff. Under the undisputed facts in the case the plaintiff was entitled to a judgment. The plaintiff was and is a city of the third class and had authority by express grant in its charter to pass the ordinance upon which -the complaint is based for the regulation of weighing .and measuring any commodity sold in the city, including coal.
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Transferred from St. Louis Court of Appeals. (1) The court erred in refusing the instruction ashed by the plaintiff. Under the undisputed facts in the case the plaintiff was entitled to a judgment. The plaintiff was and is a city of the third class and had authority by express grant in its charter to pass the ordinance upon which -the complaint is based for the regulation of weighing .and measuring any commodity sold in the city, including coal. Laws 1893, p. 84, sec. 91. It is well settled that the Legislature in the exercise of its police power had the right to confer this authority upon…
1Opinion of the CourtBrace, P. J.
This is an action by the city of St. Charles against the defendant for the violation of a city ordinance, begun in the police court of said city, taken thence by appeal to the St. Charles Circuit Court, thence to the St. Louis Court of Appeals, and thence certified here, as involving the construction of section 3 of article 10 of the Constiüition.
The city of St. Charles is a city of the third class. By statute, cities of that class are authorized to provide by ordinance for the inspection, weighing and measuring of coal, hay, corn, and other commodities and to fix the fees therefor (Laws…
2Cases cited8 opinions
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Bobb v. WolffSupreme Court of Missouri · 1899
- City of Aurora v. McGannonSupreme Court of Missouri · 1897
- City of St. Louis v. Boatmen's Insurance & Trust Co.Supreme Court of Missouri · 1870
- Davis v. Town of AnitaSupreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Viquesney v. City of KansasSupreme Court of Missouri · 1924
- State v. Parker Distilling Co.Supreme Court of Missouri · 1911
- State v. BixmanSupreme Court of Missouri · 1901
- State ex inf. Barker v. Merchants' ExchangeSupreme Court of Missouri · 1916
- State v. SmithMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.