Legal Opinion

State ex rel. Magner v. Longfellow

Missouri Court of Appeals

Decided July 22, 1902PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — How. ,1Wil-liam Zachrils, Judge. • (1) Estoppel can not be invoked, against the public. Herdelberg v. St. Francois Co., 100 Mo. 69; Sturgeon v. Hampton, 88 Mo. 203; Drainage District v.. Daudt, 74 Mo. App. 579. (2) No person has a vested right in a public office.

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Appeal from St. Louis City Circuit Court. — How. ,1Wil-liam Zachrils, Judge. • (1) Estoppel can not be invoked, against the public. Herdelberg v. St. Francois Co., 100 Mo. 69; Sturgeon v. Hampton, 88 Mo. 203; Drainage District v.. Daudt, 74 Mo. App. 579. (2) No person has a vested right in a public office. Primm v. Carondelet, 23 Mo. 22; State ex rel. v. Davis, 44 Mo. 129; Givens v. Daviess Co., 107 Mo. 603. (3) At the time of respondent’s removal he was not an officer, but ah assistant* and was removable without charges by the head of the department in which he was employed. Ordinance 18964,…

1Per curiam

This is an appeal by defendant from a judgment awarding a peremptory writ of mandamus. Relator -was an inspector of buildings in the department of the commissioner of public buildings in the city of St. Louis, and the facts of his case are identical with those described in the opinion of the court in State ex rel. Bartraw v. Longfellow, 95 Mo. App. (St. L.) 660. Relator in this action was appoint *670ed and was removed on the same dates and in the same manner as was Mr. Bartraw, the relator in the other action.

Following that decision and the earlier one of State ex rel. Knittel v. Longfellow, 93…

2Cases cited1 opinion

  1. State ex rel. Knittel v. LongfellowMissouri Court of Appeals · 1902

3Cited by1 opinion

  1. Magner v. City of St. LouisSupreme Court of Missouri · 1904

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