State ex rel. Rife v. Hawes
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hem. 8- P. Spencer, Judge. (1) Relator, if he ever had any right, can not now recover because the facts show that he and his assignors acquiesced in the police board’s orders of dismissal, considered the same final, and abandoned any claim they might otherwise have had.
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Appeal from St. Louis City Circuit Court. — Hem. 8- P. Spencer, Judge. (1) Relator, if he ever had any right, can not now recover because the facts show that he and his assignors acquiesced in the police board’s orders of dismissal, considered the same final, and abandoned any claim they might otherwise have had. This is shown by the failure to demand any salary, or to offer to perform any services, or to take any legal steps for reinstatement, for a great length of time, and by retiring voluntarily under the half-pay provisions of the police pension law, and taking active part in the attempt…
1Opinion of the CourtGantt, J.
This is a proceeding by mandamus begun on November 1, 1900, by the relator, a former member of the police force of St. Louis, against the Board of Police Commissioners, to compel them to draw a warrant in his favor for $21,610.24, for pay for himself and nine others, who, it is averred, assigned their claims to him.
The alternative writ sets out that on April 16,1895, the Metropolitan Police Act of 1861, with the acts amendatory thereof, as the same appears in article 29 *369of the Appendix of the Eevised Statutes of 1889, was in force, and that on that day the then board of police commissioners…
2Cases cited8 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Keenan v. PerryTexas Supreme Court · 1859
- State ex rel. Withers v. StonestreetSupreme Court of Missouri · 1889
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- State ex rel. Heaven v. ZiegenheinSupreme Court of Missouri · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
- Ried v. City of MaplewoodMissouri Court of Appeals · 1980
- State ex rel. Huebler v. Board of Police CommissionersMissouri Court of Appeals · 1904