St. Louis v. Knapp Company
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The city of St. Louis commenced this suit by petition filed in a State court. ’ The suit, upon the application of the defendant, the Knapp, Stout, & Co. Company, a corporation created by the laws of Wisconsin, was removed into the Circuit Court of the United States. The defendant, treating the petition as a bill in equity, filed a demurrer, which was sustained.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The city of St. Louis commenced this suit by petition filed in a State court. ’ The suit, upon the application of the defendant, the Knapp, Stout, & Co. Company, a corporation created by the laws of Wisconsin, was removed into the Circuit Court of the United States. The defendant, treating the petition as a bill in equity, filed a demurrer, which was sustained. The bill was dismissed, and the' city appealed. The record, therefore, pre- . sents the question, whether the city, upon the showing made, is…
1Opinion of the CourtJustice Harlan
Upon the hearing of the demurrer two questions were considered by the court: First, whether the bill, upon its face, shows that the construction of the run-way will intrude upon the city’s rights and cause special damage; second, whether, upon its allegations and in advance of the construction of the work, á decree to prevent its completion should be rendered in favor of the city.
The court, in disposing of the demurrer, waived a final decision of the first question, expressing, however, some doubt whether the case was within the general rule that a suit in equity to enjoin or abate a public…
2Cited by16 opinions
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1914
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