Legal Opinion

Manker v. Faulhaber

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 36 opinions

Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) It was error to permit the plaintiff to amend his petition, by striking out the allegation, “that, by the charter of the city of Sedalia, the said Faulhaber as mayor had power, with the consent of the other defendants as said board of aldermen, to remove from office, any person holding office created by charter or ordinance.” Such amendment changed entirely the cause of action.

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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) It was error to permit the plaintiff to amend his petition, by striking out the allegation, “that, by the charter of the city of Sedalia, the said Faulhaber as mayor had power, with the consent of the other defendants as said board of aldermen, to remove from office, any person holding office created by charter or ordinance.” Such amendment changed entirely the cause of action. Field v. Maloney, 78 Mo. 172, and authorities cited ; Parker v. Bodes, 79 Mo. 88; Scomlle ■». Glassner, 79 Mo. 450. (2) If the cause of action was not…

1Opinion of the CourtBrace, J.

This is an action for damages brought against the defendants, who were the mayor and aider-men of the city of Sedalia, for maliciously removing the plaintiff from the office of city collector of said city in the month of November, 1878. The answer admitted the removal of plaintiff from said office by the said defendant, George L. Faulhaber, mayor, by and with the consent of the other defendants, aldermen of said city ; denied all malice; averred that such removal was for cause after due trial and justified their action. The answer set out the authority to them granted under the *437provisions of…

2Cases cited4 opinions

  1. City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
  2. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  3. State ex rel. K. C., St. J. & C. B. R. R. v. SeveranceSupreme Court of Missouri · 1874
  4. State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866

3Cited by36 opinions

  1. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  2. State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
  3. State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
  4. State v. NolandSupreme Court of Missouri · 1892
  5. State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894

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