State Ex Rel. Hamilton v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. James H. Austin, Judge. (1) If the- power to appoint the Superintendent of Buildings is derived from the charter of Kansas City and not from the Building Code, as respondent contends, then, that power is given to the Board of Public Works and not to the mayor.
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Appeal from Jackson Circuit Court. — lion. James H. Austin, Judge. (1) If the- power to appoint the Superintendent of Buildings is derived from the charter of Kansas City and not from the Building Code, as respondent contends, then, that power is given to the Board of Public Works and not to the mayor. Charter, art. 15, sec. 10, p. 456; Art. 4, sec. 4, p. 176; Art. 10, sec. 1, p. 360; Art. 10, sec. 11; Art. 10, sec. 8. (2) If relator was merely the de facto Superintendent of Buildings at the time of his removal, then he was not entitled to re-instatement, no matter how he was removed or…
1Opinion of the Court
This is a proceeding in mandamus to compel re-instatement of relator in the position or employment of Superintendent of Buildings, of Kansas City, and to require the payment to him of the compensation provided for that position during the period of his discharge from it, upon the claim that his discharge or removal was unlawful. The trial court granted the relief asked, and the city, and those of its officials who were made defendants, have prosecuted this appeal. The determination of the case involves in a general way a few main questions: The nature of the position held by relator, and of…
2Cases cited20 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- People ex rel. Akin v. LoefflerIllinois Supreme Court · 1898
- Roth v. State ex rel. KurtzIndiana Supreme Court · 1902
- Truitt v. PhiladelphiaSupreme Court of Pennsylvania · 1908
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Hasting v. Jasper CountySupreme Court of Missouri · 1926
- State Ex Rel. Kansas City v. CoonSupreme Court of Missouri · 1927
- Friedman v. MillerMissouri Court of Appeals · 1975
- State Ex Rel. Stomp v. Kansas CitySupreme Court of Missouri · 1926
6 more not listed; retrieve them via the Exa API.