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Washington Supreme Court· 3/3/1899

Kimball v. Olmsted

Citations

  • 20 Wash. 629
  • 56 P. 377
  • 1899 Wash. LEXIS 215

Syllabus

<p>MUNICIPAL CORPORATIONS OFFICERS—POWER OF REMOVAL—RIGHT TO HEARING-REMEDY FOR RECOVERY OF OFFICE.</p> <p>Under § 128 of the city charter of Spokane, which provides that any member of the city board of health “may be removed upon the recommendation of the mayor, by a majority vote of all the members of the city council, or may be removed by the vote of two-thirds of the members of the city council without recommendation of the mayor after charges have been preferred,” where a member of the board is removed by the council upon the recommendation of the mayor, he is not entitled to have charges preferred against him and a hearing granted thereon. (Anders and Fullerton, JX, dissent.)</p> <p>Mandamus is not the proper remedy where one has been illegally removed from office, when the legality of the removal is a disputed question, depending upon the construction of statutory provisions. (Anders and Fullerton, JJ., dissent.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • challenge to entitlement to office by physician appointed and then removed by mayor from city board of health may be pursued only by quo warranto
  • challenge to entitlement to office by physician appointed and then removed by mayor from city board of health may be pursued only by quo warranto

Source: CourtListener parenthetical corpus (CC0).

Judges: Anders, Gordon

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Cited by

17 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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