Stahlhut v. Bauer
Nebraska Supreme Court
Appeal from the district court of Otoe county. Heard below before Ramsey, J. The facts are stated in the opinion. The city council acted without authority of law, and its action in attempting to remove the mayor is void.
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Appeal from the district court of Otoe county. Heard below before Ramsey, J. The facts are stated in the opinion. The city council acted without authority of law, and its action in attempting to remove the mayor is void. (State v. Jersey City, 25 N. J. Law, 530; State v. Milwaukee Ghamler of Commerce, 20 Wis., 68; People v. Hurlbut, 24 Mich., 69; Dullam v. Willson, 53 Mich., 392; Stockwell v. White Luke Toionship Board, 22 Mich., 341; People v. Stuart, 74 Mich., 411; Charles v. Hoboken, 3 Dutch. [N. J.], 203; Commonwealth v. Shaver, 3 W. & S. [Pa.], 338; Stale v. Hastings, 37 Neb., 97.) An…
1Opinion of the Court
Ryan, C.
This action was brought in the district court of Otoe county by Charles W. Stalilhut to restrain the councilmen of Nebraska City from depriving him of his office as mayor of that city by a trial for alleged improper exercises of the functions of his office. There are presented but two questions, and without unnecessary preliminaries we shall address ourselves to a statement and discussion of each of them. The first of these propositions involves the power of councilmen to try the mayor, and, if satisfied of the truth of the allegations against him, to remove him from office. The other…
2Cases cited11 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Dickey v. ReedIllinois Supreme Court · 1875
- Delahanty v. WarnerIllinois Supreme Court · 1874
- Sherwin v. GaghagenNebraska Supreme Court · 1894
- Armitage v. FisherNew York Supreme Court · 1893
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3Cited by2 opinions
- Callaghan v. IrvinCourt of Appeals of Texas · 1905
- Cox v. MooresNebraska Supreme Court · 1898