Legal Opinion

City of St. Louis v. Gleason

Supreme Court of Missouri

Decided April 15, 1886PublishedCited by 10 opinions

Appeal from St. Louis Court of Appeals. (1) These proceedings, being in innitum, no presumptions of jurisdiction are made. Every fact necessary to jurisdiction must affirmatively appear. The circuit court (in such proceedings as these) is regarded as a court of special and limited jurisdiction. The petition must hence disclose all the facts which the city charter or public law renders necessary as preliminary to this proceeding. ' Railroad r.

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Appeal from St. Louis Court of Appeals. (1) These proceedings, being in innitum, no presumptions of jurisdiction are made. Every fact necessary to jurisdiction must affirmatively appear. The circuit court (in such proceedings as these) is regarded as a court of special and limited jurisdiction. The petition must hence disclose all the facts which the city charter or public law renders necessary as preliminary to this proceeding. ' Railroad r. Campbell, 62' Mo. 585 ; Cole v. Cole, 8 Mo. App. 571; In re Burmeister, 56 How. Pr. 416. (2) The petition in this cause fails to show that the ordinance…

1Opinion of the Court

Hen by, O. J.

The following is the statement of the case made by the court of appeals (15 Mo. App. 25), which we adopt: ‘ ‘ This is a proceeding instituted by the city of St. Louis, under the provisions of its charter, and of an ordinance purporting to be passed in pursuance thereof, to establish and open Benton street in said city, from Jefferson avenue to Garrison avenue. Commissioners were appointed, who made a report to the court; exceptions were filed by certain property owners to the ■same ; these exceptions were overruled, the report confirmed, judgment entered accordingly, and an…

2Cases cited4 opinions

  1. Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
  2. City of St. Louis v. FosterSupreme Court of Missouri · 1873
  3. Young v. City of St. LouisSupreme Court of Missouri · 1871
  4. City of St. Louis v. GleasonMissouri Court of Appeals · 1884

3Cited by10 opinions

  1. State ex rel. Belt v. City of St. LouisSupreme Court of Missouri · 1901
  2. Stevens v. Kansas CitySupreme Court of Missouri · 1898
  3. Fore v. HokeMissouri Court of Appeals · 1892
  4. Wabash Ry. Co. v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1933
  5. Christopher & Simpson Architectural Iron & Foundry Co. v. KellyMissouri Court of Appeals · 1901

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