State ex rel. Buchholz v. Seehorn
Missouri Court of Appeals
Original Proceeding: Prohibition. (1) A public office, and not a mere employment, is involved herein. The commissioner of street cleaning is an officer, and not a mere employee. State ex rel. v. May, 106 Mo. 488; K. C. Charter, pp. 367-368. He is a municipal officer and not an officer “under the state” in the meaning of article 6, section 12 of the constitution.
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Original Proceeding: Prohibition. (1) A public office, and not a mere employment, is involved herein. The commissioner of street cleaning is an officer, and not a mere employee. State ex rel. v. May, 106 Mo. 488; K. C. Charter, pp. 367-368. He is a municipal officer and not an officer “under the state” in the meaning of article 6, section 12 of the constitution. State v. Ragsdale, 132 Mo. 210. (2) In the statement herein it is made to appear most clearly that the purpose of the equity suit was to establish the title of Collin's to the office of commissioner of street cleaning, and that the…
1Opinion of the CourtJohnson, J.
This is an original proceeding to obtain a writ of prohibition against the Honorable Thomas J. Seehorn, one of the judges of the circuit court of Jackson county, to prohibit said court from entertaining jurisdiction of an injunction suit instituted therein by Edward T. Collins against the relators. A rule to show cause was issued by one of the judges of this court and served on the defendant. At the return day, defendant appeared and filed his return. The cause is before us on the motion of relators for judgment on the petition and return.
The controversy is over the possession of the office…
2Cases cited9 opinions
- In Re SawyerSupreme Court of the United States · 1888
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
- Tappan v. GrayNew York Court of Chancery · 1842
- Delahanty v. WarnerIllinois Supreme Court · 1874
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
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