Legal Opinion

State ex rel. Smith v. Smith

Supreme Court of Missouri

Decided December 5, 1899PublishedCited by 21 opinions

Mandamus.. The Kansas City Court of Appeals has no jurisdiction of these cases for the reasons: First, the title of the relators to the offices, to the possession and emoluments of which they sought to be restored, is involved in the said suits, and these offices are offices under this State; and second, because the question of the power of the commissioners to remove the relators from office was made to depend upon the question whether the charter of Kansas City, adopted…

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Mandamus.. The Kansas City Court of Appeals has no jurisdiction of these cases for the reasons: First, the title of the relators to the offices, to the possession and emoluments of which they sought to be restored, is involved in the said suits, and these offices are offices under this State; and second, because the question of the power of the commissioners to remove the relators from office was made to depend upon the question whether the charter of Kansas City, adopted under section 16 of article IK. of the Constitution of Missouri, or the act of the Legislature of 1874, creating the Board…

1Opinion of the CourtValliant, J.

This is an application for mandamus to require the judges of the Kansas City Court of Appeals to transfer a cause pending in that court to the Supreme Court.

The cause sought to be transferred is one which began in the circuit court of Jackson county, wherein the relator sued for a mandamus against the Board of Police Commissioners of Kansas City to compel them to re-instate him in the office of patrolman of the police force, from which he averred they had unlawfully dismissed him, and to draw a warrant in his favor for his salary. Upon the trial in the circuit court the judgment was in favor…

2Cases cited1 opinion

  1. State ex inf. Crow v. VallinsSupreme Court of Missouri · 1897

3Cited by21 opinions

  1. City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
  2. Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
  3. Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
  4. State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
  5. State ex rel. Goodnow v. Police CommissionersSupreme Court of Missouri · 1902

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