Butler v. City of Moberly
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — No». Alexander E. Waller, Judge. (1) The acts of the defendant as complained of in the petition constituted a wrongful and unlawful interference with the plaintiff’s right to pursue his lawful business.
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Appeal from Randolph Circuit Court. — No». Alexander E. Waller, Judge. (1) The acts of the defendant as complained of in the petition constituted a wrongful and unlawful interference with the plaintiff’s right to pursue his lawful business. The acts alleged in the first count constituted malfeasance, being a systematic and persistent misuse of the defendant’s authority as a municipal corporation, calculated to destroy and destroying plaintiff’s lawful business, and depriving him of his right to engage therein. (2) The omission, failure and refusal of the defendant city to issue a peddler’s…
1Opinion of the CourtEllison, J.
The petition in this action is based on alleged Avrongs done to plaintiff by defendant city in preventing him from prosecuting the business of a peddler of fresh meat Avithin the limits of the city. There Avas a demurrer to the petition on the ground of its not stating a cause of action, Avhich Avas sustained by the trial court. Plaintiff stood upon the petition and brought the case here.
The petition is in- íavo counts. The first alleges that there was an ordinance of the city providing that every peddler should pay a license tax of $25 per year. That while such ordinance was in force he…
2Cases cited1 opinion
- State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
3Cited by6 opinions
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
- Rehmann v. City of Des MoinesSupreme Court of Iowa · 1927
- Lindemann v. City of KenoshaWisconsin Supreme Court · 1932
- Clinard v. City of Winston-SalemSupreme Court of North Carolina · 1917
- Kramer v. City of JeffersonMissouri Court of Appeals · 1939
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