Legal Opinion

Milliken v. City Council

Texas Supreme Court

Decided March 11, 1881No. Case No. 1337PublishedCited by 36 opinions

Appeal from Parker. Tried below before the Hon. A. J. Hood.

1Opinion of the Court

Bonner, Associate Justice.

Appellant James H. Milliken, plaintiff below, being the mayor of the city of Weatherford, was in November, 1880, removed from •office by the board of aldermen, sitting as a court, by virtue of the provisions of the Revised Statutes, arts. 3425-33.

Subsequently Samuel H. Milliken was elected and installed into office as his successor.

This suit is a proceeding by mandamus brought in the district court against Samuel H. Milliken and the board of aldermen composing the city council, to recover the office.

On the trial below a jury was waived, the cause submitted to the…

2Cases cited15 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Houston Tap & Brazoria Railway Co. v. RandolphTexas Supreme Court · 1859
  3. State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
  4. Perry v. StateTexas Supreme Court · 1874
  5. Brennan v. City of WeatherfordTexas Supreme Court · 1880

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3Cited by36 opinions

  1. Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and RegulationTexas Supreme Court · 2015
  2. Houston & Texas Central Railroad v. City of DallasTexas Supreme Court · 1905
  3. Terrell v. GreeneTexas Supreme Court · 1895
  4. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  5. Yett v. CookTexas Supreme Court · 1925

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