Legal Opinion

State ex rel. Bartraw v. Longfellow

Missouri Court of Appeals

Decided July 22, 1902PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Hot?. William Zachritz. Judge. (1) No person has a vested riglit in a public office. Primtn v. Carondelet, 23 Mo. 22; State ex rel. v. Davis, 4A Mo. 129; Givens v. Daviess Co., 107 Mo. >603. (2) At the time of respondent’s removal he was not an officer but an assistant, and was removable without charges by the head of the department in which he was employed. Ordinance 18964, approved.

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Appeal from St. Louis City Circuit Court. — Hot?. William Zachritz. Judge. (1) No person has a vested riglit in a public office. Primtn v. Carondelet, 23 Mo. 22; State ex rel. v. Davis, 4A Mo. 129; Givens v. Daviess Co., 107 Mo. >603. (2) At the time of respondent’s removal he was not an officer but an assistant, and was removable without charges by the head of the department in which he was employed. Ordinance 18964, approved. April 7, 1897; Charter of St. Louis, art. 4, sec. 14. (3) All parts of a law must be read and-construed together and meaning given to them all in order to ascertain…

1Opinion of the CourtBarclay, J.

Mr. Bartraw, the relator, brought this action to obtain a mandamus to defendant, as. commissioner of public buildings of the city of St. Louis, to require him to recognize relator as inspector of buildings. We need not specially describe the pleadings.

There is no dispute about the facts material to the decision. •

Relator was duly appointed one of the inspectors of buildings, in defendant’s department of public buildings, in October, 1899. The office of inspector of buildings is one created by ordinance. Part of the ordinance affecting this office (Rev. Ord. 1892, sec. 715) in force at the…

2Cases cited3 opinions

  1. City of St. Louis v. BrownSupreme Court of Missouri · 1900
  2. State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
  3. State ex rel. Knittel v. LongfellowMissouri Court of Appeals · 1902

3Cited by4 opinions

  1. Wells-Dickey Co. v. EmbodyMontana Supreme Court · 1928
  2. Magner v. City of St. LouisSupreme Court of Missouri · 1904
  3. Carter v. CommissionerUnited States Board of Tax Appeals · 1937
  4. Carter v. CommissionerUnited States Board of Tax Appeals · 1937

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