Kalbfus v. Siddons
District of Columbia Court of Appeals
Hearing on an appeal by the relator from a judgment of the Supreme Court of the District of Columbia denying a writ of mandamus to compel defendants to vacate their order for the removal of relator from office.
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Hearing on an appeal by the relator from a judgment of the Supreme Court of the District of Columbia denying a writ of mandamus to compel defendants to vacate their order for the removal of relator from office. The Court in the opinion stated the facts as follows: Appeal from a judgment in the supreme court of the District, denying relator, Samuel T. Kalbfus, a writ of mandamus to require Frederick L. Siddons, Oliver P. Newman, and Chester Harding, the defendants, to vacate their order of August 19, 1913, removing relator from the office of assistant assessor of the District, and to require…
1Opinion of the CourtJustice Robb
Was the relator a de jure officer when the defendants passed the order of removal ? If not, it necessarily follows that he has no standing here. The act of August 14, 1894 (28 Stat. at L. 282, chap. 287), under which the relator was appointed, required each person appointed as a member of the permanent board of assistant assessors, within ten days after receiving notice thereof, to “take and subscribe an oath to diligently, faithfully, and impartially perform all and singular the duties imposed upon him by this act.” And if any appointee should fail to qualify as aforesaid within the time…
2Cases cited16 opinions
- Shurtleff v. United StatesSupreme Court of the United States · 1903
- Reagan v. United StatesSupreme Court of the United States · 1901
- Bannerman v. BoyleCalifornia Supreme Court · 1911
- Martin v. BarbourSupreme Court of the United States · 1891
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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