State ex rel. Goodnow v. Police Commissioners
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) It appears on the record that the alternative writ and the peremptory writ vary from each other, thus a fatal defect apparent of record and justifies a reversal of the case. Bateson v. Clark, 37 Mo. 31; Bagby v. Emberson, 79 Mo. 139; Eunkhouser v. Mallen, 62 Mo. 555; Mclntire v. Mclntire, 80 Mo. 470; State ex rel. v. Scott, 104 Mo. 31; Land Go. y.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) It appears on the record that the alternative writ and the peremptory writ vary from each other, thus a fatal defect apparent of record and justifies a reversal of the case. Bateson v. Clark, 37 Mo. 31; Bagby v. Emberson, 79 Mo. 139; Eunkhouser v. Mallen, 62 Mo. 555; Mclntire v. Mclntire, 80 Mo. 470; State ex rel. v. Scott, 104 Mo. 31; Land Go. y. Bretz, 125 Mo. 418; Lilly v. Menke (where the whole subject is reviewed), 126 Mo. 211; Railroad v. Lewright, 113 Mo. 660; Railroad v. Carlisle, 94 Mo. 166; Swaggardv. Hancock, 25…
1Opinion of the CourtEllison, J.
Statement. The relator was appointed a policeman for Kansas City, Missouri, by the board of police commissioners of said city, on the fourth day of November, 1895, for period ending on the fourth day of May, 1898. He was discharged by said board, before the expiration of his term, to wit, on the twenty-second day of August, 1896. Afterwards, on the first day of October, 1897, in the circuit court of Jackson county, he begun the present proceeding in mandamus against the police commissioners to compel them to reinstate him and to compel the president of the board to draw a warrant for the sum…
2Cases cited48 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
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3Cited by12 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- State v. KempSupreme Court of Missouri · 1955
- State Ex Rel. Carpenter v. City of St. LouisSupreme Court of Missouri · 1928
- State ex rel. Reynolds v. JostSupreme Court of Missouri · 1915
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
7 more not listed; retrieve them via the Exa API.