State ex rel. Heimburger v. Wells
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The mayor has no judicial power, and the clauses in the St. Louis charter that attempt to confer such power on him are in violation of the State Constitution. Albright v. Fisher, 164 Mo. 56; State v. Stone, 120' Mo. 428; High, Ex. Leg. Rem. (2 Ed.), sec. 118; Dullam v. Wilson, 53 Mich. 393; sec. 1, art. 6, State Constitution; State v. St. Louis, 90 Mo. 19; State v. Brown, 57 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The mayor has no judicial power, and the clauses in the St. Louis charter that attempt to confer such power on him are in violation of the State Constitution. Albright v. Fisher, 164 Mo. 56; State v. Stone, 120' Mo. 428; High, Ex. Leg. Rem. (2 Ed.), sec. 118; Dullam v. Wilson, 53 Mich. 393; sec. 1, art. 6, State Constitution; State v. St. Louis, 90 Mo. 19; State v. Brown, 57 Mo. App. 199; Magner v. St. Louis, 179 Mo. 502; State v. Walbridge, 69 Mo. App. 669; sec. 7, art. 14, State Constitution. (2) The mayor acted as…
1Opinion of the Court
FOX, P. J. —
This cause is before this court upon appeal by the relator from the action of the circuit, court of the city of St. Louis in overruling his motion to quash certain proceedings instituted before the respondent as ma3mr of the city of St. Louis, to remove the relator, and a judgment in favor of respondent rendered on February 6, 1905.
This is a proceeding on a writ of certiorari issued by the circuit court of the city of St. Louis at the relation of George H. Heimburger, for a review of a pro-*605needing had before the mayor of said city in the trial of relator for official incompetency…
2Cases cited14 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- Fuller v. EllisMichigan Supreme Court · 1893
- State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
- State ex rel. Tilley v. SloverSupreme Court of Missouri · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Marshall Impeachment CaseSupreme Court of Pennsylvania · 1949
- State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
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