State ex rel. Gallagher v. Brown
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Section 49 of article 4 of the charter was never intended to give the commissioners power to arbitrarily remove the superintendents of the city hospital, female hospital, insane asylum and all their assistants, contrary to the wishes of the mayor and council, and the health commissioner and the board of health.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Section 49 of article 4 of the charter was never intended to give the commissioners power to arbitrarily remove the superintendents of the city hospital, female hospital, insane asylum and all their assistants, contrary to the wishes of the mayor and council, and the health commissioner and the board of health. Yet the construction of this section contended for by the respondent would give them such power. At common law, an officer could be removed only for cause, and after a hearing. Throop on Public Officers, sec.…
1Opinion of the CourtBond, J.
— The appellant applied to the circuit court for a writ of mandamus against respondent as the auditor of the city of St. Louis, requiring him to audit the account of appellant for salary'as superintendent of the poor house from the twenty-second day of August, 1892, to the thirtieth day of November, 1892, at the rate of $125 per month, the total amount being $411.29;
The petition alleged that appellant was, during the time covered by his salary account, the duly appointed, qualified and acting superintendent of the poor house of the city of St. Louis, for a term of four years from the date of…
2Cases cited6 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Hallgren v. CampbellMichigan Supreme Court · 1890
- Taylor v. City of CarondeletSupreme Court of Missouri · 1855
- State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McCully v. StateTennessee Supreme Court · 1899
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
- Rutter v. BurkeSupreme Court of Vermont · 1915
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
11 more not listed; retrieve them via the Exa API.