State ex rel. Rumbold v. Gordon
Supreme Court of Missouri
Mandamus. (1) The General'Assembly is vested with power to provide for the office of Adjutant-General and to fix the status, compensation and term of the incumbent.
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Mandamus. (1) The General'Assembly is vested with power to provide for the office of Adjutant-General and to fix the status, compensation and term of the incumbent. The Militia Act of 1905, under which relator was appointed and held office, having been repealed, section 8 of article 14 of-the Constitution does not deprive him of his right to draw the salary fixed by the present law, which provides for an Adjutant-General with qualifications, duties, status and compensation different from those prescribed in the repealed law. He is not within the inhibition of the above named section of the…
1Opinion of the CourtLamm, J.
Relator, contending his salary as Adjutant-General is $2500 per annum, and respondent, State Auditor, contending it is but $2000 per annum, sues by mandamus to compel an audit and payment of his salary at the former figure. Respondent ap*174pears without service of an alternative writ and makes his return. By that course the petition stands as and for the writ itself for the purposes of the case and the return. On the return coming in, relator filed a motion for judgment on the pleadings. Such motion is in the nature of a demurrer to the return. Thereby (barring mere legal conclusions, inferences…
2Cases cited1 opinion
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
3Cited by21 opinions
- National Bellas Hess, Inc. v. KalisCourt of Appeals for the Eighth Circuit · 1951
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
- State Ex Rel. Coffman v. CrainMissouri Court of Appeals · 1958
- State Ex Rel. Webb v. PiggSupreme Court of Missouri · 1952
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