Milliken v. City Council

Citations

• 54 Tex. 388
• 1881 Tex. LEXIS 37

Syllabus

<p>1. Jurisdiction —■ Mandamus.—The district court has original jurisdiction to try the light to the office of mayor of an incorporated city, such office being of the value of five hundred dollars, unless the right thereto was res adjudieata by reason of the action of the board of aldermen, and may enforce its judgment by mandamus.</p> <p>2. Distinguished.—This case distinguished from Brannan v. The City of Weatherford, 53 Tex., 330.</p> <p>3. Jurisdiction—Power of aldermen to remove a mayor.— The statute (art. 3431, R. S.) which confers power on a board of aider-men to remove a mayor, when in their judgment there is sufficient cause for his removal, does not confer unlimited discretion, but can be exercised only when he has committed an offense, recognized as such by law.</p> <p>4. City ordinance.—An ordinance of a city which prohibits the renting of private property to lewd women or to any person for their use, without regard to the use to be made by the lessee of the premises, is a proscriptive denial of shelter to an unfortunate class, null and void because in contravention of common right,</p> <p>o. Jurisdiction—Removal of a mayor.— The act of a city council in removing the mayor of the city because he had rented a house to a lewd woman, was unauthorized and void.</p>