Legal Opinion

Westberg v. City of Kansas

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 20 opinions

Appeal from Jackson County Circuit Court. Philadelphia vs. Given, 60 Penn. St. 140 ; High Ex. Rem. § 70 ; Chart. Kas. City, art. 4, §§ 7, 22 ; Dill. Mun.

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Appeal from Jackson County Circuit Court. Philadelphia vs. Given, 60 Penn. St. 140 ; High Ex. Rem. § 70 ; Chart. Kas. City, art. 4, §§ 7, 22 ; Dill. Mun. Corp. [1 ed.], § 188 and cases cited ; Ex parte Hennen, 13 Pet. 230 ; 9 Wis. 258, 259 ; Primm vs. Carondelet, 23 Mo. 22 ; State vs. Davis, 44 Mo. 129 ; State vs. Lingo, 26 Mo. 498, 499 ; Moore vs. Wingate, 58 Mo. 405 ; State vs. Common Council, 9 Wis. 268 ; Ex parte Hennen, 13 Pet. 259,260 ; Holbrook vs. Trustees, 22 111. 539 ; Bowerbank vs. Morris, Wall. C. C. R. 124 ; U. S. vs. Bank Arkansas, Hempst. C. C. 460 ; State vs. Clark, 52 Mo. 513…

1Opinion of the CourtHenry, Judge

On March 19, 1872, Westberg sued the City of Kansas for $900.

*495The petition states that on or about May 2, 1871, the city, through its proper officers, employed, and duly appointed and confirmed Westberg, the respondent, in the capacity of policeman of the city, and the mayor and clerk of the city gave him a certificate, or commission, showing his employment as policeman for one year; that the city agreed to pay him $75 per month for his services ; that he entered upon the discharge of his duty and continued therein “until on or about the fifteenth day of May, A. D. 1871, when he was suspended…

2Cases cited4 opinions

  1. Board of Auditors v. BenoitMichigan Supreme Court · 1870
  2. Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
  3. State ex rel. Attorney-General v. DavisSupreme Court of Missouri · 1869
  4. Simonds v. OliverSupreme Court of Missouri · 1856

3Cited by20 opinions

  1. Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
  2. Gullickson v. MitchellMontana Supreme Court · 1942
  3. State v. PorterSupreme Court of Missouri · 1908
  4. Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
  5. State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899

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