Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.
Supreme Court of Missouri
Appeal from St. Louis. City Circuit Court. — Hon. W. H. I-Iorner, Judge. (1) The city of St. Louis had authority, under its charter, to make the lease set up by defendant in its amended answer, of the date of January 7, 1885. City Charter, art. 3, sec. 26, subdiv. 2 ; Cooley on Const. Lim. [2 Ed.] pp. 521-553; Nurse v. Railroad, 21 111. 522; West v. Bancroft, 32 Vt. 367; Kelsey v. King, 32 Barb. 410 ; Railroad v. Applegate, 8 Dana, 289 ; Bt.
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Appeal from St. Louis. City Circuit Court. — Hon. W. H. I-Iorner, Judge. (1) The city of St. Louis had authority, under its charter, to make the lease set up by defendant in its amended answer, of the date of January 7, 1885. City Charter, art. 3, sec. 26, subdiv. 2 ; Cooley on Const. Lim. [2 Ed.] pp. 521-553; Nurse v. Railroad, 21 111. 522; West v. Bancroft, 32 Vt. 367; Kelsey v. King, 32 Barb. 410 ; Railroad v. Applegate, 8 Dana, 289 ; Bt. Louis v. Elevator Co., 2 Dillon, 70; Building Ass'n v. Telephone Co., 88 Mo. 369 ; Acts, 1863, Adjourned Session, p. 223; Gould on Waters, p. 214, sec.…
1Opinion of the CourtBlack, J.
This is a suit to enjoin the defendant from erecting and maintaining a shed or warehouse for the storage of grain or other merchandise upon the wharf of the city of St. Louis. The circuit court, on *197the first trial, dismissed the petition, but the judgment was reversed and the cause remanded by thi s court. 82 Mo. 121. Pending that appeal the defendant erected the warehouse. The second trial resulted in a decree for the plaintiff, requiring’ the defendant to remove the buildings and restore the ground so that it might be used as a wharf.
The plaintiff is a corporation organized under the laws…
2Cases cited5 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Railroad Co. v. EllermanSupreme Court of the United States · 1882
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
- Broadway & Locust Point Ferry Co. v. HankeyCourt of Appeals of Maryland · 1869
- Barney v. KeokukUnited States Circuit Court · 1876
3Cited by17 opinions
- Anchor Hocking Corp. v. Jacksonville Electric AuthorityDistrict Court, M.D. Florida · 1976
- Green v. City of Rock HillSupreme Court of South Carolina · 1929
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
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