State ex rel. Gill v. Byrne

Citations

• 31 Wash. 213
• 71 P. 746
• 1903 Wash. LEXIS 608

Syllabus

<p>CITY OFFICERS —■ REMOVAL FROM OFFICE BY VOTE-EFFECT OF MOTION TO RECONSIDER.</p> <p>Where an ordinance creating an office provides that the incumbent may be removed upon the recommendation of the mayor, with the concurrence of the city council, one who has been removed in that manner and his successor duly confirmed can assert no right to hold the office by reason of the fact that motions to reconsider the votes on his removal and on the confirmation of his 'successor were pending.</p> <p>SAME-TITLE TO OFFICE-CESSATION OF CONTROVERSY.</p> <p>Action to try title to an office should be dismissed on tne ground of the cessation of the controversy, where, after tne commencement of action brought pending a motion before a city council to reconsider plaintiff’s removal, a vote on the motion had been taken adversely to plaintiff.</p>