Legal Opinion

Brownell v. Russell

Supreme Court of Vermont

Decided February 29, 1904PublishedCited by 12 opinions

Complaint for a writ of quo warranto brought to the Supreme Court for Chittenden County at its October Term, 1903, and then heard 011 an agreed statement. The opinion states the facts. Under the city charter the mayor cannot remove the relator except' for the causes therein defined, which are merely declaratory of the common law on. that subject. Rex. v. Richardson, 1 Burr. 517; People ex rel. Munday v. Board, etc., 72 N. Y. 445; People ex rel.

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Complaint for a writ of quo warranto brought to the Supreme Court for Chittenden County at its October Term, 1903, and then heard 011 an agreed statement. The opinion states the facts. Under the city charter the mayor cannot remove the relator except' for the causes therein defined, which are merely declaratory of the common law on. that subject. Rex. v. Richardson, 1 Burr. 517; People ex rel. Munday v. Board, etc., 72 N. Y. 445; People ex rel. Simms, v. Pire Com’rs, 73 N. Y. 437; People ex rel. Keech v. Thompson, 94 N. Y. 451. The cause must be one which touches the qualifications of the…

1Opinion of the CourtMunson, J.

The charter of the city of Burlington requires the appointment of a board of police examiners, and provides that this board, with the approval of the mayor, “shall make rules for the government of the police force.” Number 13 of the rules established under this provision, after recognizing the right of suffrage, declares that “no member will be permitted to be a delegate or representative to, or member of, any political or partisan convention or caucus, or take any part in any political canvass.”

Section 213 of the charter provides that “whenever it shall appear to the mayor that any member of…

2Cited by12 opinions

  1. City of Los Angeles v. Los Angeles Building & Construction Trades CouncilCalifornia Court of Appeal · 1949
  2. King v. PriestSupreme Court of Missouri · 1947
  3. Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
  4. State Ex Rel. Anderson v. FousekMontana Supreme Court · 1932
  5. Faxon v. School Committee of BostonMassachusetts Supreme Judicial Court · 1954

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