State ex rel. Wright v. McQuillin
Supreme Court of Missouri
ProMbition. The right to resign without the consent of the appointing power is settled. Sec. 5, art. 14, Constitution of Missouri; State ex rel. v. Bus, 135 Mo. 325; Eeiter v. State ex rel., 51 Ohio St. 74, 23 L. E. A. 684; Olmsted y.
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ProMbition. The right to resign without the consent of the appointing power is settled. Sec. 5, art. 14, Constitution of Missouri; State ex rel. v. Bus, 135 Mo. 325; Eeiter v. State ex rel., 51 Ohio St. 74, 23 L. E. A. 684; Olmsted y. Dennis, 77 N. Y. 378. (2) A referee may resign in- the absence of a statute forbidding it. 34 Cyc. 809; Brooklyn Heights Railroad v. Brooklyn City Railroad, 93 N. Y. Supp. 849. (3) Where a judge or referee believes himself prejudiced, he has both the right and is under the duty of resigning. 23 Cyc. 590; 34 Cyc. 809; State v. Fort, 178 Mo. 518; State v. Gilham,…
1Opinion of the CourtCraves, J.
Original action in prohibition. The facts may be thus summarized: On April 5, 1905, there was pending in the circuit court of St. Louis City an action wherein Elizabeth O. O’Hara, executrix of the estate of Henry O’Hara, was plaintiff, and the firm of Berthold & Jennings were defendants. the suit and a counterclaim filed therein by defendants (both in large sums, requiring an extensive accounting between the parties) rendered the case one for compulsory reference. This action fell by allotment to Division No. 6 of the St. Louis City Circuit Court over which respondent has presided since…
2Cases cited6 opinions
- Yale v. Gwinits & CaslerNew York Supreme Court · 1849
- Baumann v. LibettaNew York Court of Common Pleas · 1893
- Clews v. BainbridgeNew York Supreme Court · 1873
- O'Brien v. LongNew York Supreme Court · 1888
- Devlin v. Mayor of New YorkNew York Court of Common Pleas · 1878
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3Cited by2 opinions
- Chabek v. Nationwide Mutual Fire InsuranceCourt of Appeals of South Carolina · 1990
- Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938