Legal Opinion

State ex rel. Cannon v. May

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 23 opinions

Mandamus. This is an extraordinary proceeding by mandamus, brought by the relators, constituting the board of public works of Kansas City, and W. L. Sheppard, their appointee, as superintendent of streets against respondent, John May, the superintendent of streets of said city, appointed by the mayor, by and with the consent of the common council of said city, for the possession of certain office furniture and public records.

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Mandamus. This is an extraordinary proceeding by mandamus, brought by the relators, constituting the board of public works of Kansas City, and W. L. Sheppard, their appointee, as superintendent of streets against respondent, John May, the superintendent of streets of said city, appointed by the mayor, by and with the consent of the common council of said city, for the possession of certain office furniture and public records. The petition and pleadings are, perhaps, the best statement of the case, and are substantially as follows : The petition in substance alleges: That the city of Kansas…

1Opinion of the CourtGantt, P. J.

There is substantially no dispute about the facts. They are disclosed in the pleadings and the charters and ordinances pleaded, and in the evidence. Such as are not set forth in the pleadings are sufficiently stated in the opinion. The relators constitute the board of public works, and their appointee under the charter of Kansas City, adopted at a special election, April S, 1889, and in force, from and after May 9, 1889. The charter in force, prior to the adoption of the new charter, was the amended charter of 1875.

*498By the charter of 1875, article 3, section 1, paragraph 7, the common council…

2Cases cited5 opinions

  1. State ex rel. Wingate v. ValléSupreme Court of Missouri · 1867
  2. State v. BryantSupreme Court of Missouri · 1886
  3. City of St. Louis v. Independent InsuranceSupreme Court of Missouri · 1870
  4. State ex rel. Cooper County v. TrentSupreme Court of Missouri · 1875
  5. State ex rel. Tracy v. TaaffeMissouri Court of Appeals · 1887

3Cited by23 opinions

  1. State ex rel. Walker v. BusSupreme Court of Missouri · 1896
  2. State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
  3. National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
  4. Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
  5. Gracey v. City of St. LouisSupreme Court of Missouri · 1908

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