Stoltman v. City of Clayton
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Eon. G. A. Wurdeman,' Judge. (1) The plaintiff cannot sue by injunction to test the right of a city of the fourth class to extend its limits; so as to take in contiguous territory must be assailed directly by the State in quo warranto, or other direct proceeding by the State, and cannot be collaterally attacked as in this case, citing the folloAving cases, to Avit: Kayser v. Trustees of Bremen, 16 Mo. 88; State ex rel. v.…
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Appeal from the Circuit Court of St. Louis County.— Eon. G. A. Wurdeman,' Judge. (1) The plaintiff cannot sue by injunction to test the right of a city of the fourth class to extend its limits; so as to take in contiguous territory must be assailed directly by the State in quo warranto, or other direct proceeding by the State, and cannot be collaterally attacked as in this case, citing the folloAving cases, to Avit: Kayser v. Trustees of Bremen, 16 Mo. 88; State ex rel. v. Mineral Land Co., 84 Mo. App. 32; City of Salem ex rel. Romey v. Young, 142 Mo. App. 160; Inhabitants of FredericktoAvn…
1Opinion of the Court
This suit in equity was filed on the 25th day of July, 1917, in the Circuit Court of St. Louis County, Missouri. Plaintiff seeks to have declared unreasonable and void an extension of the city limits of Clayton, consummated on the 12th of September, 1916, and defendant restrained and enjoined from exercising municipal authority and levying and assessing taxes over the territory thereby annexed, and the residents thereof.
In plaintiff's petition it is alleged: that the defendant is a city of the fourth class; that plaintiff owns some ten acres of land upon which he erected a dwelling house, in…
2Cases cited19 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- Corrigan v. GageSupreme Court of Missouri · 1878
- v. MeeksSupreme Court of Missouri · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Inf. Mallett v. City of JoplinSupreme Court of Missouri · 1933
- City of St. Ann v. BuschardMissouri Court of Appeals · 1957
- City of Ash Grove v. DavisMissouri Court of Appeals · 1967
- City of Aurora v. Empire District Electric CompanyMissouri Court of Appeals · 1962
- City of Houston v. DuffMissouri Court of Appeals · 1960
8 more not listed; retrieve them via the Exa API.