Legal Opinion

City of St. Louis v. R. J. Gunning Co.

Supreme Court of Missouri

Decided March 23, 1897PublishedCited by 16 opinions

Appeal from the St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. (1) The ordinance is void as being unreasonable and repugnant to fundamental rights.

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Appeal from the St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. (1) The ordinance is void as being unreasonable and repugnant to fundamental rights. State v. Clark, 54 Mo. 17; St. Louis v. Railroad, 89 Mo. 44; City of Tarkio v. Cook, 120 Mo. 1. (2) All municipal bylaws passed under the implied power to make by-laws or under a general charter power''to make such by-laws as are necessary for the public welfare, must be reasonable in their character and effect and not repugnant to fundamental rights of citizens. Dillon, Mun. Corp. [4 Ed.], sec. 319; Tied. Mun. Corp., sec.…

1Opinion of the CourtGantt, P. J.

This is a prosecution by the city of St. Louis against defendant for violation of a city ordinance regulating the erection of signs on the top or street front of any building in said city.

The ordinance is as follows: Rev. Ord. 1887, section 721: “Any sign, of whatever material it may be constructed, now erected, or that hereafter may be erected, on the top or street front of any building that *351may now be, or that may hereafter become rotten or unsafe, shall be taken down or removed; and any sign, that may hereafter be constructed on the top or street front of any building, which shall be over…

2Cases cited5 opinions

  1. Robinson v. WalkerSupreme Court of Missouri · 1869
  2. Richardson v. EndWisconsin Supreme Court · 1877
  3. State v. ClevengerMissouri Court of Appeals · 1886
  4. State v. EppersonSupreme Court of Missouri · 1835
  5. State v. HermanMissouri Court of Appeals · 1886

3Cited by16 opinions

  1. State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
  2. Hadley v. BerneroMissouri Court of Appeals · 1903
  3. State ex rel. Miller v. LeichIndiana Supreme Court · 1906
  4. Public Schools v. KennedyMichigan Supreme Court · 1929
  5. Shock v. BerryMissouri Court of Appeals · 1926

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