Gracey v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. Bobt. M. Foster, Judge. Plaintiff was an assistant officer,, removable, either first, by the officer under whom he worked, at his pleasure, or secondly, by the mayor, for cause, i. e., after notice, charges, specifications and a formal trial.
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Appeal from St. Louis City Circuit Court — Hon. Bobt. M. Foster, Judge. Plaintiff was an assistant officer,, removable, either first, by the officer under whom he worked, at his pleasure, or secondly, by the mayor, for cause, i. e., after notice, charges, specifications and a formal trial. St. Louis Charter, art. 4, sec. 14 (2 R. S. 1899, p. 2492). The language used is sweeping and unequivocal: “The assistants of any officers .... may be removed for cause by the mayor, or by the officer under whom they work at his pleasure.” And this provision has. all the force and effect of a legislative…
1Opinion of the CourtLamm, P. J.
— This is a second appeal. Here before on plaintiff’s appeal (213 Mo. 384), the judgment was reversed and the cause remanded with directions “to set aside the nonsuit and proceed with the cause in accordance with this opinion.” When here first it was heard with three companion cases. Stipulations were filed in them to the effect that (as to them) this court should reverse and remand with directions to enter up judgment for plaintiff, or reverse and remand for a new trial, or affirm — as might be done in the principal case. As indicating the scope and tenor of what was ruled in the principal…
2Cases cited5 opinions
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Overall v. EllisSupreme Court of Missouri · 1866
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
- Magner v. City of St. LouisSupreme Court of Missouri · 1904
3Cited by19 opinions
- United Dredging Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1930
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
- Denny v. GuytonSupreme Court of Missouri · 1932
- Feinstein v. McGuireSupreme Court of Missouri · 1958
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
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