Legal Opinion

State ex rel. Campbell v. Police Commissioners

Missouri Court of Appeals

Decided November 6, 1883PublishedCited by 18 opinions

Writ of Certiorari. In a proceeding by certiorari, the only question is, whether there is error in the record of the inferior tribunal brought up by the writ.

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Writ of Certiorari. In a proceeding by certiorari, the only question is, whether there is error in the record of the inferior tribunal brought up by the writ. Nothing outside of the record can be considered for the purpose of determining that question. — The State ex rel. v. Powers, 68 Mo. 823; Hannibal, etc., P. Co. v. State Board, 64 Mo. 308. If want of jurisdiction or irregularity appears from the record of the proceedings below they will be quashed. — Owens v. Andrew County, 49 Mo. 372; The State ex rel. v. Bowling, 50 Mo. 136 ; Mullins v. The People, 24 N. Y. 399 (affirmed 40 N. Y. 154)…

1Opinion of the CourtLewis, P. J.

The return upon a writ of certiorari issued from this •court and directed to the police commissioners of the city of St. Louis and each of them, by name, contains “ a full ■and complete transcript of the records and proceedings of said board, touching the removal of John W. Campbell as •chief of police.” From this transcript it appears that on June 8,1881, the resignation of James McDonough, as chief ■of police, was tendered and accepted, and Captain Ferd. B. Kennett was appointed to the same office, “ from and after said date.” No term of service . was annexed to this appointment, nor was…

2Cases cited12 opinions

  1. McElrath v. United StatesSupreme Court of the United States · 1880
  2. Keenan v. PerryTexas Supreme Court · 1859
  3. People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
  4. Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
  5. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868

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3Cited by18 opinions

  1. State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
  2. State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
  3. American Fire Alarm Co. v. Board of Police CommissionersSupreme Court of Missouri · 1920
  4. State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
  5. State ex rel. Campbell v. HeegeMissouri Court of Appeals · 1889

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