State ex rel. McEntee v. Bright
Supreme Court of Missouri
(1) The mayor and council of Webb City, when proceeding with the bearing of the charges against the marshal, even though they were performing acts which were judicial in their nature, constituted no part of the judiciary of the State and the circuit court of Jasper county had no right or authority to interfere therewith or to undertake to substitute its judgment or discretion for that of the mayor and council.
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(1) The mayor and council of Webb City, when proceeding with the bearing of the charges against the marshal, even though they were performing acts which were judicial in their nature, constituted no part of the judiciary of the State and the circuit court of Jasper county had no right or authority to interfere therewith or to undertake to substitute its judgment or discretion for that of the mayor and council. Al-bright v. Fisher, 164 Mo. 56; State ex rel. v. Wal-bridge, 119 Mo. 383; State ex rel. v. Wells, 210 Mo. 601; Donahue v. County, 100 Ill. 94; McCray v. United States, 195 U. S. 27; 1…
1Opinion of the CourtGraves, J.
This is an original proceeding in prohibition. Relators are the mayor, all the city councilmen, except one, and the city attorney, of Webb City, Jasper county, Missouri, a city of the third class. Respondents are Henry L. Bright, Judge of Division No. 1 of the circuit court of Jasper county, Missouri; Joseph H. McNeill, marshal of Webb City, and Joseph H. Williams, a councilman of said city, who refused to join in this proceeding.
The history of the case gathered from the facts pleaded in this action are about as follows:
On April 26, 1909, MeEntee, the mayor of Webb City, suspended from office…
2Cases cited14 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Donahue v. County of WillIllinois Supreme Court · 1881
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
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- State ex rel. Swearingen v. Railroad CommissionersSupreme Court of Florida · 1920
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