State ex rel. Dayhoff v. Brodie
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. An ordinance may be repealed by implication. 26 Am. & Eng. Enc. Law, 720; Grimes v. Reynolds, 94 Mo. App. 576, 584; 184 Mo. 679, 688. If the power of removal was in the mayor and not in the board, the approval of the board’s act by the mayor ratified the order of removal. 20 Am. & Eng. Enc. Law (2 Ed.) 1180, 1182; Hill v. Indianapolis, 92 Fed. 467; Edwards v. Kirkwood, 147 Mo.
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Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. An ordinance may be repealed by implication. 26 Am. & Eng. Enc. Law, 720; Grimes v. Reynolds, 94 Mo. App. 576, 584; 184 Mo. 679, 688. If the power of removal was in the mayor and not in the board, the approval of the board’s act by the mayor ratified the order of removal. 20 Am. & Eng. Enc. Law (2 Ed.) 1180, 1182; Hill v. Indianapolis, 92 Fed. 467; Edwards v. Kirkwood, 147 Mo. App. 599, 616; O’Dell v. Scranton, 126 Mo. App. 19, 34, 35. In a proceeding for extraordinary relief brought by a relator for his individual benefit the…
1Opinion of the CourtEllison, P. J.
The relator claiming that he was illegally deprived of the office of superintendent ■of the workhouse at Kansas City and refused the emoluments of that office by the board of public welfare, obtained an alternative writ of mandamus against that board and the comptroller and the auditor of such •city, requiring his restoration to the office and the payment of his salary. At the trial, his title to the office having’ expired, he amended the writ so as to omit a •claim to being placed back in the office and the writ was made peremptory for the payment of his salary. Defendant asked an appeal to…
2Cases cited3 opinions
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
- State ex rel. Cannon v. MaySupreme Court of Missouri · 1891
- Chestnut v. Kansas CityMissouri Court of Appeals · 1913
3Cited by3 opinions
- State Ex Rel. Hamilton v. Kansas CitySupreme Court of Missouri · 1924
- State Ex Rel. Rundberg v. Kansas CityMissouri Court of Appeals · 1920
- Cowan v. State Ex Rel. ScherckWyoming Supreme Court · 1941