Legal Opinion

Gartside v. City of East St. Louis

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 23 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit in chancery, brought by Joseph Gartside, in the St. Clair Circuit Court, against The City of East St. Louis, to restrain the enforcement of an ordinance, requiring persons, hauling coal in wagons within the city limits, to first procure a license for the purpose.

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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit in chancery, brought by Joseph Gartside, in the St. Clair Circuit Court, against The City of East St. Louis, to restrain the enforcement of an ordinance, requiring persons, hauling coal in wagons within the city limits, to first procure a license for the purpose. The bill alleges that the complainant was largely engaged in mining and transporting coal through the city; that it was brought by rail from the mine to the depot in the city, and thence by a number of four-horse teams and…

1Opinion of the CourtChief Justice Walkeb

This record presents the question, whether the city of East St. Louis exceeded its authority in adopting and endeavoring to enforce an ordinance preventing persons from hauling stone coal through the streets, in wagons or other vehicles, without first procuring a license for that purpose. It appears from the record that appellant is largely engaged in the business of mining, transportation and sale of coal; that he, when the bill was filed, employed about sixteen four-horse teams, in hauling coal through the town of East St. Louis. And, from the extent and character of his business, these…

2Cited by23 opinions

  1. Christy v. ElliottIllinois Supreme Court · 1905
  2. Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908
  3. City of Carrollton v. BazzetteIllinois Supreme Court · 1896
  4. City of St. Louis v. GreenMissouri Court of Appeals · 1878
  5. City of Bloomington v. WirrickIllinois Supreme Court · 1942

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