Legal Opinion

Ex Parte Lerner

Supreme Court of Missouri

Decided January 26, 1920PublishedCited by 27 opinions

Habeas Corpus.. (1) The ordinance cannot be upheld as a valid exercise of the police power. 3 McQnillin, on Mun. Corp. sec. 893, p. 1805; Chicago v. Netcher, 183 111. 104; State ex rel. v. Ashbrook, 154 Mo. 375.; State v. Jhlow, 129 Mo. 163; Pinkerton v. Verberg, 78 Mich. 573. (2) Nor can it be upheld as an exercise of the power to regulate the use of the streets.

Read the full summary

Habeas Corpus.. (1) The ordinance cannot be upheld as a valid exercise of the police power. 3 McQnillin, on Mun. Corp. sec. 893, p. 1805; Chicago v. Netcher, 183 111. 104; State ex rel. v. Ashbrook, 154 Mo. 375.; State v. Jhlow, 129 Mo. 163; Pinkerton v. Verberg, 78 Mich. 573. (2) Nor can it be upheld as an exercise of the power to regulate the use of the streets. State ex rel. v. Murphy, 134 Mo. 548 ; St. Louis v. Grloner, 2101 Mo. 502. (1) The City of St. Louis has the power, under the provisions of its charter, to regulate the use of its streets and sidewalks, to license and regulate all…

1Opinion of the CourtWalker, C. J.

The writ of habeas .corpus issued herein was directed to the Marshal of the City of St. Louis, commanding- him to have the body of the petitioner before.this court to be dealt with as might be determined. The production of the body of the petitioner being waived, the return of the respondent, the Marshal, discloses that he holds the petitioner to answer a charge of having violated an ordinance of the City of Saint Louis which is alleged by the petitioner to be invalid. The body of said ordinance, with which we are alone concerned, is as follows:

“Any person who shall accost another person on a…

2Cases cited28 opinions

  1. Crowley v. ChristensenSupreme Court of the United States · 1890
  2. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  3. State v. ClarkeSupreme Court of Missouri · 1873
  4. Shirk v. NeibleIndiana Supreme Court · 1901
  5. Ex parte LucasSupreme Court of Missouri · 1901

23 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. City of Springfield v. ClouseSupreme Court of Missouri · 1947
  2. State v. MitchellSupreme Court of Missouri · 1978
  3. City of Springfield v. SmithSupreme Court of Missouri · 1929
  4. Capra v. Phillips Investment CompanySupreme Court of Missouri · 1957
  5. Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API