State ex rel. Ragsdale v. Walker
Missouri Court of Appeals
Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) If appellant could be removed by the council at all, it must have been “for cause” which in legal intendment means upon sufficient charges, “notice thereof and a hearing.” State v. Walbridge, 62 Mo. App. 162; State v. Brown, 57 Mo.
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Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) If appellant could be removed by the council at all, it must have been “for cause” which in legal intendment means upon sufficient charges, “notice thereof and a hearing.” State v. Walbridge, 62 Mo. App. 162; State v. Brown, 57 Mo. App. 99; State v. St. Louis, 90 Mo. 19; State v. Walbridge, 119 Mo. 383. (2) If any charges were ever filed against appellant, the return made by respondents to the writ utterly fails to show such fact, and the return also fails to show any notice to defendant, or a return to such notice.…
1Opinion of the CourtSmith, P. J.
A writ of certiorari was sued out of the circuit court in this case to test the validity of a resolution of the city council of the city of Moberly removing the relator from the office of mayor.
The return to the writ upon which judgment was given against the relator shows that the city attorney of said city, in February, 1894, presented to the city council of said city a verified information, containing *114certain charges and specifications of official misconduct of the relator, while he was the duly elected, qualified, and serving mayor of said city — a city of the third class, organized under…
2Cases cited11 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- State v. McGarryWisconsin Supreme Court · 1867
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
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3Cited by9 opinions
- Riggins v. RichardsTexas Supreme Court · 1904
- State Ex Rel. Ness v. Board of City CommissionersNorth Dakota Supreme Court · 1932
- In re BishopMississippi Supreme Court · 1951
- In re GudenAppellate Division of the Supreme Court of the State of New York · 1902
- State ex rel. Schulz v. PattonMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.