State ex rel. Kansas City v. Lucas
Supreme Court of Missouri
Prohibition. (1) A court of equity has no power to try the title to a public office or position. State ex rel. v. Aloe, 152 Mo. 466; State ex rel. v.- Withrow, 154 Mo. 397; Arnold v. Henry, 155 Mo. 48; State ex rel. y. Seehorn, 143 Mo. App. 182; Mullin v. Tacoma, 16 Wash. 82; Corscaddon v. Haswell, 177 1ST. Y. 499. This rule applies to employees as well as to officers. Miller v. Warner, 59 N. Y. Supp. 956; Thomas v. Board, 56 111. 351; Healey v. Ditton, 39 La.
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Prohibition. (1) A court of equity has no power to try the title to a public office or position. State ex rel. v. Aloe, 152 Mo. 466; State ex rel. v.- Withrow, 154 Mo. 397; Arnold v. Henry, 155 Mo. 48; State ex rel. y. Seehorn, 143 Mo. App. 182; Mullin v. Tacoma, 16 Wash. 82; Corscaddon v. Haswell, 177 1ST. Y. 499. This rule applies to employees as well as to officers. Miller v. Warner, 59 N. Y. Supp. 956; Thomas v. Board, 56 111. 351; Healey v. Ditton, 39 La. Ann. 503; Morgan v. Nunn, 84 Fed. 551; Page v. Moffitt, 85 Fed. 38; White v. Berry 171 U. S. 366; Jones v. Williams, 139 Mo. 36. The…
1Opinion of the CourtValliant, C. J.
On the petition of relators a preliminary rule was entered April 25, 1911, addressed ,to the respondent, one of the judges of the circuit court of Jackson county, requiring him to show cause why a writ of prohibition should not be issued to forbid him taking jurisdiction in a canse pending in his division of the circuit court of Jackson county, wherein P. C. Folk and others are plaintiffs and the city of Kansas City and others are defendants. That is a suit in equity; the plaintiffs are clerks in the waterworks department of the city government. Three of the defendants constitute the Board of…
2Cited by9 opinions
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- Sharpe v. City of Los AngelesCalifornia Court of Appeal · 1934
- State Ex Rel. Baumes v. MasonSupreme Court of Missouri · 1941
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