Lowry v. Rainwater
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The power conferred by the act is the police power of the State. It is invoked for the preservation of public morals. It is of the same nature as the power to suppress nuisances, preserve health, prevent fires and enforcement of quarantine laws.
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Appeal from St. Louis Court of Appeals. 1. The power conferred by the act is the police power of the State. It is invoked for the preservation of public morals. It is of the same nature as the power to suppress nuisances, preserve health, prevent fires and enforcement of quarantine laws. The safety of society is the paramount law, Public exigency may require summary destruction, and the police power is of necessity despotic in its character, commensurate to the sovereignty of the State. Potter’s .Dwarris on Stat., p. 450 ; Cooley on Const. Lim., p. 596; Tanner v. Trustees of Albion, 5 Hill…
1Opinion of the Court
Henry, J. —
The petition alleged substantially that on the 19th day of May, 1874, the defendants Watkins, Huthsing, Gardner and Hamilton, at the instigation of defendants Rainwater and Huebler, being by them employed and assisted, with force, &c., broke and entered the house and dwelling of'plaintiff in the city of St. Louis, and took and carried away an extension dining table, the property of plaintiff, of the value, &c., and destroyed it to his damage, &c. Defendants pleaded in justification, that the defendant, C. C. Rainwater, was at that time vice-president of the board of police…
2Cases cited2 opinions
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