State ex rel. Bixby v. City of St. Louis
Supreme Court of Missouri
Mandamus. (1). Relators have a right to maintain this action. State ex rel. v. IToblitzelle, 85 Mo. 625. (2) • The mayor has a discretion to say who shall be appointed bnt not to say whether a board shall or shall not be appointed.
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Mandamus. (1). Relators have a right to maintain this action. State ex rel. v. IToblitzelle, 85 Mo. 625. (2) • The mayor has a discretion to say who shall be appointed bnt not to say whether a board shall or shall not be appointed. Laws 1907, secs. 1, 2 and 3, pp. 94, 95, 96; State ex rel. v. Francis, 95 Mo. 56; State ex rel. v. Jones, 155 Mo. 576; State ex rel. v. Public Schools, 134 Mo. 311; High on Extraordinary Legal Remedies, sec. 324, 325; 26 Cyc. 251; Kelly v. Yan Wyck, 35 Mise. N. Y. 210; Laud v. Lynd, 44 Pa. St. 336. (3) The mayor does not enjoy immunity from judicial control like…
1Opinion of the CourtLamm, J.
— Mandamus. Original proceeding. On final submission the cause stands on relators’ motion for judgment on the pleadings.
*235Relators (hereinafter called plaintiffs) sne as residents and taxpayers of St. Louis in their own behalf and in behalf of all persons of like kind and situation desiring to join and share the expense. Complaining of respondents (hereinafter called defendants), they charge that the Forty-fourth General Assembly enacted a law (approved March 7, 1907, Laws 1907, p. 94) with the following title: “An act providing for the establishment, extension and regulation of museums of art,…
2Cases cited3 opinions
- Skagit County v. StilesWashington Supreme Court · 1894
- State ex rel. Board of Control of St. Louis School v. City of St. LouisSupreme Court of Missouri · 1909
- City of St. Louis v. JudSupreme Court of Missouri · 1911
3Cited by32 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- State Ex Rel. Carpenter v. City of St. LouisSupreme Court of Missouri · 1928
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- Greene County v. LydySupreme Court of Missouri · 1914
- State v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
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