Legal Opinion

State ex rel. Reid v. Walbridge

Supreme Court of Missouri

Decided January 8, 1894PublishedCited by 66 opinions

Prohibition. STATEMENT. By this original proceeding in this court, a rule was issued and served on the mayor of St. Louis, requiring him to show cause why he should not be prohibited from proceeding to try the relator on certain charges which had been preferred against him by Robert E: McMath, president of the board of public improvements, which charges showed upon their face certain derelictions of official duty on the part of relator as commissioner of public buildings.

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Prohibition. STATEMENT. By this original proceeding in this court, a rule was issued and served on the mayor of St. Louis, requiring him to show cause why he should not be prohibited from proceeding to try the relator on certain charges which had been preferred against him by Robert E: McMath, president of the board of public improvements, which charges showed upon their face certain derelictions of official duty on the part of relator as commissioner of public buildings. After setting forth the notice to the relator from the mayor, the charges preferred and the items and particulars offered…

1Opinion of the CourtSherwood, J.

The foregoing premises are laid down ag the basis for the following remarks:

In Manker v. Faulhaber, 94 Mo. 430, action was brought against the mayor and others for damage for maliciously removing the plaintiff from the office of city collector, in November, 1878. The defendants justified under the amended charter of that city, approved March, 1875, which contained this provision: “The mayor * * * shall have power, with the consent of the board of aldermen, to remove from office any person holding office created by charter or ordinance, for cause, and on application of three-fourths of the…

2Cases cited18 opinions

  1. Cummings v. MissouriSupreme Court of the United States · 1867
  2. State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
  3. Ex parte HollwedellSupreme Court of Missouri · 1881
  4. Manker v. FaulhaberSupreme Court of Missouri · 1887
  5. City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888

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3Cited by66 opinions

  1. Albert J. Hoppe, Inc. v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
  2. Ekern v. McGovernWisconsin Supreme Court · 1913
  3. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
  4. State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
  5. Matter of CarterCalifornia Supreme Court · 1903

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