Anderson v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. There is no equity in plaintiffs’ bill; their remedy was in the forum of the law court, and they had a perfect and adequate remedy at law. If the proceedings are in a court of record, according to the course of the common law, a writ of error is the proper remedy to reverse and vacate the erroneous judgment ; otherwise the remedy is by certiorari.
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Appeal from St. Louis Circuit Court. There is no equity in plaintiffs’ bill; their remedy was in the forum of the law court, and they had a perfect and adequate remedy at law. If the proceedings are in a court of record, according to the course of the common law, a writ of error is the proper remedy to reverse and vacate the erroneous judgment ; otherwise the remedy is by certiorari. (Wales v. Willard, 2 Mass. 120; Sumner v. Parker, 7 Mass. 79; Cushing v. Longfellow, 26 Me. 306; In the matter of Negus, 10 Wend. 38.) Apparent validity and total invalidity in fact, which can only be established…
1Opinion of the CourtWagner, Judge
The relief prayed for in this case was to restrain by injunction the defendants from taking possession of or in any manner disturbing the plaintiffs in the peaceable enjoyment of their land, which was claimed to be condemned for a wharf under certain proceedings before the land commissioner. There was also a prayer to restrain the commissioner from issuing certain executions and the marshal from collecting them, and to set aside the proceedings had before the land commissioner and to declare them illegal and void. The court granted the injunction, and the defendant appealed to this court.
The…
2Cases cited5 opinions
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Weigel v. WalshSupreme Court of Missouri · 1870
- Burgess v. KattlemanSupreme Court of Missouri · 1867
- James v. DixonSupreme Court of Missouri · 1854
3Cited by13 opinions
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- City of St. Louis v. Wiggins Ferry Co.Supreme Court of Missouri · 1886
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
- Quayle v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
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