Donovan v. Coles
Missouri Court of Appeals
■Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The city of St. Louis has power by its charter to vacate streets and establish market-places.
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■Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The city of St. Louis has power by its charter to vacate streets and establish market-places. Scheme and Charter of St. Louis, chap. 26, sec. 2. The area or space in front of appellants’ lot, alleged in the petition to be Third street, is not a street, but is a city market set aside and established as such by ordinance No. 10,364 of the city of St. Louis, on September 7, 1877, ever since which time it has been used, occupied, rented and regulated by the city as such. Ordinance City St. Louis, No. 10,364, secs. 3 and…
1Opinion of the CourtRombauek, P. J.
This is an action upon a special tax-bill issued to the plaintiffs for paving part of Third street between Morgan and Biddle in the city of St. Louis. The only defense interposed is that the space improved in front of the defendant’s lot is not a public street, but a city market-place owned, used and rented by the city of St. Louis as such.
There was judgment for the plaintiffs in the trial court, and the defendants appealing assign for error the refusal of their instruction to the effect that if the place improved was, at the date of the work sued for, a market.place under the ordinance…
2Cases cited1 opinion
- Heman v. PayneMissouri Court of Appeals · 1887