State ex rel. Buchholz v. Seehorn
Missouri Court of Appeals
Original Proceeding: Prohibition. (1) A public office, and not a mere employment, is involved herein. The commissioner of street cleaning is an officer, and not a mere employee. State ex rel. v. May, 106 Mo. 488; K. C. Charter, pp. 367-368. He is a municipal officer and not an officer “under the state” in the meaning of article 6, section 12 of the constitution.
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Original Proceeding: Prohibition. (1) A public office, and not a mere employment, is involved herein. The commissioner of street cleaning is an officer, and not a mere employee. State ex rel. v. May, 106 Mo. 488; K. C. Charter, pp. 367-368. He is a municipal officer and not an officer “under the state” in the meaning of article 6, section 12 of the constitution. State v. Ragsdale, 132 Mo. 210. (2) In the statement herein it is made to appear most clearly that the purpose of the equity suit was to establish the title of Collin's to the office of commissioner of street cleaning, and that the…
1ConcurrenceBroaddus, P. J.
I concur in the opinion of Judge Johnson for two reasons: First, because the .contest is over the right to the office, which the Supreme Court of this State, in the cases referred to in the opinion, most emphatically determine is not subject to the intervention of a court of equity by injunction; and, second, because I believe the decisions contain a just and sound declaration of the law, not only as it is but as it should be, and are supported by the highest and best judicial authority of this country and Éng*188land. In my opinion, to say that a court of equity has the power to interfere…
2Cases cited2 opinions
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Flentge v. PriestSupreme Court of Missouri · 1873