Hughlett v. City of Wellsville
Missouri Court of Appeals
Appeal from the Montgomery Circuit Cou/rt. — Hon. E. M. Hughes, Judge. Plaintiff’s petition states a good cause of action and sets forth facts sufficient to constitute a cause of action against the defendants. Ins. Co. v. Leland, 90 Mo. 177. Plaintiff was duly elected on July 30, 1895, to the office of marshal, and was entitled to his certificate of election and the defendants acted without authority and to his damage in refusing to issue the same to him.
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Appeal from the Montgomery Circuit Cou/rt. — Hon. E. M. Hughes, Judge. Plaintiff’s petition states a good cause of action and sets forth facts sufficient to constitute a cause of action against the defendants. Ins. Co. v. Leland, 90 Mo. 177. Plaintiff was duly elected on July 30, 1895, to the office of marshal, and was entitled to his certificate of election and the defendants acted without authority and to his damage in refusing to issue the same to him. Hughlett v. Finley et al., decided-at this term of court. Defendants were bound to issue the certificate of election to Hughlett, they had…
1Opinion of the Court
Biggs, J. —
This is an action against the city of Wellsville, its mayor, board of aldermen and clerk, to recover as damages the fees and emoluments of the office of marshal of the city from July 31, 1895, to April 6, 1897. The petition avers substantially that at a special election held in the city of Wellsville on July 30, 1895, the plaintiff was duly elected to the position of marshal of the city; that the mayor, clerk and board of aldermen cast up the vote and declared that the plaintiff had received the highest number of votes; that subsequently the members of the board unlawfully and…
2Cases cited4 opinions
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- Knox County v. HunoltSupreme Court of Missouri · 1892
- St. Joseph Fire & Marine Insurance v. LelandSupreme Court of Missouri · 1886
- State ex rel. Bradshaw v. SherwoodSupreme Court of Missouri · 1868