State ex rel. Coleman v. Hawes

Supreme Court of Missouri

State ex rel. Coleman v. Hawes

76 S.W. 1105, 177 Mo. 403, 1903 Mo. LEXIS 202

DecidedNovember 3, 1903

StatusPublished

This text of 76 S.W. 1105 (State ex rel. Coleman v. Hawes) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Coleman v. Hawes, 76 S.W. 1105, 177 Mo. 403, 1903 Mo. LEXIS 202 (Mo. 1903).

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Opinion

GANTT, J.

Mandamus for $794.32, salary as patrolman from October 17, 1895, to August 3, 1896. Judgment for defendants and relator appealed.

Relator was appointed patrolman on April 16, 1875, promoted to sergeant March 24, 1882, reduced to patrolman October 24,1884, retired as a veteran on half pay on October 17, 1895, reappointed patrolman on August 3, 1896, and voluntarily resigned on the same day.

[404]*404At the time of his retirement he had fully served out his appointed term and was a mere locum tenens. The case is therefore within the rule laid down in State ex rel. Rife v. TIawes, reported at page 360 of this volume. The judgment of the circuit court is for the right party and is affirmed;

All concur.

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GANTT, J.

Mandamus for $794.32, salary as patrolman from October 17, 1895, to August 3, 1896. Judgment for defendants and relator appealed.

Relator was appointed patrolman on April 16, 1875, promoted to sergeant March 24, 1882, reduced to patrolman October 24,1884, retired as a veteran on half pay on October 17, 1895, reappointed patrolman on August 3, 1896, and voluntarily resigned on the same day.

[404]*404At the time of his retirement he had fully served out his appointed term and was a mere locum tenens. The case is therefore within the rule laid down in State ex rel. Rife v. TIawes, reported at page 360 of this volume. The judgment of the circuit court is for the right party and is affirmed;

All concur.

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Bluebook (online)

76 S.W. 1105, 177 Mo. 403, 1903 Mo. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-coleman-v-hawes-mo-1903.