Carter v. City of Durango

Carter was duly elected, by the city council, police magistrate of the city of Durango. While engaged in the discharge of his duties, the council, by resolution, removed him and appointed a successor. The present proceeding is brought to quash or annul the action of the council in the premises upon the ground that such action was without jurisdiction.

Under the statute existing at the time of the proceedings recited in the record, the police judge or magistrate, whose appointment was optional with and made by the city council, held his office during the “pleasure” of that body. *536Mills’ Ami.…