Miller v. City of Alamo Heights

POPE, Justice.

William Addison Miller, Jr., has appealed from a summary judgment which refused to reinstate him to the office of deputy city marshal of the City of Alamo Heights and to award him his back salary. He claimed that he was suspended without a hearing as required by law. He was denied all relief after a summary judgment proceeding.

Without an office there can be no officer. On that principle, the trial court correctly held that appellant’s claim should be denied, since the office which he claimed did not exist. Both parties recognize that a deputy city marshal is an officer. The City…