State ex rel. Donnelly v. Teasdale
Supreme Court of Florida
. This is a case of original jurisdiction upon mandamus proceedings instituted in the Supreme Court- The recitals ■of the alternative writ .were as follows : Whereas, It hath been made to appear to the Supreme ‘Court of the State of Florida that the petitioner, James 0. •Donnelly, was, on the 23d day of June, A. D. 1885, the duly elected, qualified and acting Mayor of the city of Palatka, in the county of Putnam, and State of Florida, and was on that date holding, exercising…
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. This is a case of original jurisdiction upon mandamus proceedings instituted in the Supreme Court- The recitals ■of the alternative writ .were as follows : Whereas, It hath been made to appear to the Supreme ‘Court of the State of Florida that the petitioner, James 0. •Donnelly, was, on the 23d day of June, A. D. 1885, the duly elected, qualified and acting Mayor of the city of Palatka, in the county of Putnam, and State of Florida, and was on that date holding, exercising and lawfully enjoying the ■said office, with its duties, privileges and emoluments, and that his said term had not then…
1Opinion of the CourtJustice Raney
1st. The Mayor of a city is without doubt an “ officer of the city,” and may, under section 15, page 248 of McClellan’s Digest, be expelled by “ two-thirds of the Council ” from his officefor disorderly behavior or malconduct in office.” It would be a hopeless task to attempt to show that he was neither a city officer, nor removable under the statute. It is not necessary that a city officer should be a member of the Council, to be so removable.
2d. There is under our judicial system no writ of error or appeal to any court from the action of a City Council expelling a city officer under this…
2Cases cited2 opinions
- State ex. rel. Wolfe v. KirkeSupreme Court of Florida · 1868
- Freeman v. StateSupreme Court of Florida · 1882
3Cited by14 opinions
- State v. HolmesDistrict Court of Appeal of Florida · 1971
- State Ex Rel. Jordan v. PattishallSupreme Court of Florida · 1930
- State ex rel. Fowler v. FinleySupreme Court of Florida · 1892
- State Ex Rel. Gibbs v. BloodworthSupreme Court of Florida · 1938
- Nelson v. LindseySupreme Court of Florida · 1942
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