Schopp v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. E. Witheow, Judge. (1) The circuit court erred in excluding the ordinance provisions set up in the answer. (2) The judgment of the circuit court on the facts in evidence should have been for defendants. The evidence discloses that so far as the plaintiffs are concerned, the city had not for two years prior to the institution of this suit rented out any stands to hucksters in front of plaintiff’s property.
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Appeal from St. Louis City Circuit Court. — Hon. J. E. Witheow, Judge. (1) The circuit court erred in excluding the ordinance provisions set up in the answer. (2) The judgment of the circuit court on the facts in evidence should have been for defendants. The evidence discloses that so far as the plaintiffs are concerned, the city had not for two years prior to the institution of this suit rented out any stands to hucksters in front of plaintiff’s property. The plaintiffs testified that wagons did stand in front of their places of business, but they never showed in any manner whatever,…
1Opinion of the CourtBlack, P. J.
— The city of St. Louis, by an ordinance enacted in due form of law, set apart that portion of Third and Broadway streets between Christy avenue and Howard street, as a market “for farmers and other wagons bringing produce to market for sale;” and by ordinance gave the comptroller power to lease stands on and along that portion of the streets to such vendors of produce. The comptroller gave public notice that he would on a given date lease the stands for one year from the first of April, 1890; and thereupon the plaintiffs brought this suit to enjoin the defendants from leasing stands in front…
2Cases cited3 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
3Cited by41 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Wilhoit v. City of SpringfieldMissouri Court of Appeals · 1943
- Perry v. CastnerSupreme Court of Iowa · 1904
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