State ex rel. Murphy v. Burney
Supreme Court of Missouri
Prohibition. (1) A court of equity has no jurisdiction to enjoin relator from sitting at the hearing. Secs. 9771, 9776, 9784, 9785, 9769, R. S. 1909. The statute created, not a judicial board, but an administrative board, prescribed its duties, prescribed the manner of organizing a police force, and an exclusive manner of removal. The only way to remove respondents Hammil and James is the one prescribed by the statute, and this way has been followed.
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Prohibition. (1) A court of equity has no jurisdiction to enjoin relator from sitting at the hearing. Secs. 9771, 9776, 9784, 9785, 9769, R. S. 1909. The statute created, not a judicial board, but an administrative board, prescribed its duties, prescribed the manner of organizing a police force, and an exclusive manner of removal. The only way to remove respondents Hammil and James is the one prescribed by the statute, and this way has been followed. Counsel’s contention that a police commissioner who files a charge against an officer is disqualified to sit at the hearing has no sure footing…
1Opinion of the CourtFaris, J.
This is an original proceeding in prohibition against respondent .Clarence A. Burney, as one of the judges of the circuit court of Jackson County, to prohibit him from taking further cognizance of certain suits by injunction brought by respondents Hiram W. Hammil and R. L. J ames, the object of which latter proceedings was to enjoin relator (who is one of the Police Commissioners of Kansas City) from sitting in the hearing of certain charges pending against said Hammil and said James before said commissioners.
■ As forecast above, respondents Hammil and James are members of the police force of…
2Cases cited2 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Heimburger v. WellsSupreme Court of Missouri · 1908
3Cited by8 opinions
- Moran v. School CommitteeMassachusetts Supreme Judicial Court · 1945
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- Nider v. HomanCalifornia Court of Appeal · 1939
- State Ex Rel. Rice v. BishopMissouri Court of Appeals · 1993
- Butler v. ScholefieldCalifornia Court of Appeal · 1921
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