STATE v. GUNN

No. 47492.

326 S.W.2d 314 (1959)

STATE of Missouri ex rel. H. Sam PRIEST, President, Russell L. Dearmont, Alphonse G. Eberle and Kenneth Teasdale, as Members of, and Constituting, the Board of Police Commissioners of the City of St. Louis, Missouri, Relators, v. Donald GUNN, President, Carl Gassel, Leo J. McLaughlin, James W. Noonan, T. H. Mayberry, John T. Curry, Archie Blaine, Raymond Leisure, Anton Niemeyer, Louis Aboussie, James E. Geisler, Albert Villa, Fred W. Haag, George J. Grellner, Joseph E. Kavanaugh, A. J. Cervantes, Thomas J. Finan, Joseph P. Roddy, Wayman F. Smith, Jr., DeWitte T. Lawson, Edgar J. Feely, A. Barney Mueller, Alfred Harris, John A. Sartorius, Anthony T. Mascazzini, Joseph B. McDonald, William C. Brady and Joseph F. Noel, as Members of, and Constituting the Board of Aldermen of the City of St. Louis, Missouri; Raymond R. Tucker, John H. Poelker and Donald Gunn, as Members of, and Constituting, the Board of Estimate and Apportionment of the City of St. Louis, Missouri; Raymond R. Tucker, as Mayor of the City of St. Louis, Missouri; John H. Poelker, as Comptroller of the City of St. Louis, Missouri; John J. Dwyer, as Treasurer of the City of St. Louis, Missouri, Respondents.

Supreme Court of Missouri, En Banc.

June 13, 1959.


Attorney(s) appearing for the Case

Robert F. Schlafly, Robert J. Keefe, Keefe, Schlafly, Griesedieck & Ferrell, St. Louis, for relators.

Charles J. Dolan, Acting City Counselor, Eugene P. Freeman, Associate City Counselor, Samuel H. Liberman, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, for respondents.


EAGER, Judge.

In this mandamus proceeding the members of the Board of Police Commissioners of the City of St. Louis seek to compel the City Board of Estimate and Apportionment, the Board of Aldermen, and the appropriate City officials, to approve, appropriate and pay an additional sum of $461,331.42 for the maintenance of the police department for the fiscal year ended March 31, 1959. Issues were made up from the Petition and Exhibits, the Answer and Return, and a...

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