Pratt v. Board of Police & Fire Commissioners
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. A. N. Cherry, Judge. Mandamus proceeding by Arthur Pratt against the board of police and fire commissioners. From a judgment for defendant, plaintiff appeals. This is an action in m-andamus to compel tbe respondents to reinstate the appellant to the office of chief of police of Salt Lake City, on the ground that he has been unlawfully removed therefrom.
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Appeal from the Third district court, Salt Lake county. Hon. A. N. Cherry, Judge. Mandamus proceeding by Arthur Pratt against the board of police and fire commissioners. From a judgment for defendant, plaintiff appeals. This is an action in m-andamus to compel tbe respondents to reinstate the appellant to the office of chief of police of Salt Lake City, on the ground that he has been unlawfully removed therefrom. It is alleged in the affidavit, in substance, that on December 31,1894, the appellant was appointed to the position of chief of police, to hold the same during good behavior; that he…
1Opinion of the CourtBartch, J.
(after stating the facts):
The first material question which is presented for consideration is whether, under our laws, the board of police and fire commissioners have power to remove from office summarily; without charges, notice, and hearing, the" chief of police. The respondent insists that under the Laws of 1896 he may be removed by the board either for cause, after a trial on charges, or by three concurring members thereof, whenever, in their judgment, the good *5of the service will be subserved thereby. The appellant was appointed pursuant to section 7 of the act approved March 8, 1894…
2Cases cited10 opinions
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
- Hallgren v. CampbellMichigan Supreme Court · 1890
- Lewis v. WhittleSupreme Court of Virginia · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Malone v. WilliamsTennessee Supreme Court · 1907
- State v. RasaboutUtah Supreme Court · 2015
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Patten v. MillerSupreme Court of Georgia · 1940
- State ex rel. Guion v. MilesSupreme Court of Missouri · 1908
17 more not listed; retrieve them via the Exa API.