Pitman v. Drabelle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) There can he no douht as to the right of a taxpayer, suing on behalf of himself and all other citizens and taxpayers who are similarly interested with him, to have relief by injunction for the prevention of an illegal or unauthorized diversion of public funds belonging to the municipality. 2 High on Injunction (4 Ed.), 1237; Dillon, Municipal Corporations, sec. 1579 et seq.; Newmeyer v. Railroad,…
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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) There can he no douht as to the right of a taxpayer, suing on behalf of himself and all other citizens and taxpayers who are similarly interested with him, to have relief by injunction for the prevention of an illegal or unauthorized diversion of public funds belonging to the municipality. 2 High on Injunction (4 Ed.), 1237; Dillon, Municipal Corporations, sec. 1579 et seq.; Newmeyer v. Railroad, 52 Mo.'81; Ru-bey v. Shain, 54 Mo. 207 ;. Black v. Cornell, 30 Mo. App. 641; Black v. Ross, 37 Mo. App. 250; Knapp v.…
1Opinion of the Court
OPINION.
I
BOND, J.
Plaintiff, a taxpaying citizen, sued to enjoin the holding of an election on the 29th of February, 1916, for the adoption of two ordinances proposed under article 5 of the charter of St. Louis, reserving to the people of that city the power “known as the initiative.”
The ordinances to be submitted to a ballot are referred to in the petition by number and title, and provide for “the use of separate blocks for residence by white and colored races and for the gradual complete occupancy of blocks by one of the two races to the exclusion of the other.”
*84The ground of the petition is…
2Cases cited7 opinions
- Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
- In Re PfahlerCalifornia Supreme Court · 1906
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Missourians to Protect the Initiative Process v. BluntSupreme Court of Missouri · 1990
- Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
- Horton v. Attorney GeneralMassachusetts Supreme Judicial Court · 1929
- Gallivan v. WalkerUtah Supreme Court · 2002
- Moore v. BrownSupreme Court of Missouri · 1942
21 more not listed; retrieve them via the Exa API.