Case law

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  • Pumphrey v. City of Lutesville

    707 S.W.2d 475 · Missouri Court of Appeals · Mar 26, 1986

    That gives the mayor the power to remove appellant “at any time it suits his pleasure, provided a majority of all the members of the Board consent.” Russell v. … See Owen v. City of Independence, 445 U.S. 622, 634 , 100 S.Ct. 1398, 1407 , 63 L.Ed.2d 673 (1980); Board of Regents v. Roth, 408 U.S. 564, 573 , 92 S.Ct. 2701, 2707 , 33 L.Ed.2d 548 (1972); Amaan v.

    Cited 4 timesPublished
  • Patrick v. City of Jennings

    295 S.W.3d 921 · Missouri Court of Appeals · Nov 3, 2009

    Orion Sec., Inc. v. Board of Police Comm’rs of Kansas City, 90 S.W.3d 157, 163 (Mo.App. W.D.2002). “Substantial evidence is competent evidence, which, if believed, would have probative force on the issues.” Ferrario v. … Roorda v. City of Arnold, 142 S.W.3d 786, 794 (Mo.App.

    Cited 2 timesPublished
  • Love v. Waring

    560 S.W.3d 614 · Missouri Court of Appeals · Oct 16, 2018

    Waring, a board-certified anesthesiologist, and Avery, a certified nurse anesthetist, served as the anesthesia team during Love's C-section. Avery administered morphine to Love to help relieve pain during the C-section. … for Estate of Kruse v.

    Cited 10 timesPublished
  • Cathy's Kitchen & Diner, LLC v. Director of Revenue

    Missouri Court of Appeals · Jun 18, 2024

    Webb v. … Brown as Tr. of George E. Heard Revocable Tr., Dated Feb. 24, 2000 v. Barnes, 641 S.W.3d 241, 247 n.3 (Mo. App. W.D. 2021).

    Cited 0 timesPublished
  • Springs v. Cantrell

    539 S.W.2d 318 · Missouri Court of Appeals · Jul 16, 1976

    Brown v. Weare, 348 Mo. 135 , 152 S.W.2d 649, 654 [11] (1941). . … Brown v. Weare, 152 S.W.2d 649, 655 [16] (1941). . The following language appears in Neil v.

    Cited 4 timesPublished
  • C.F.S. v. Mahan

    934 S.W.2d 615 · Missouri Court of Appeals · Nov 26, 1996

    Hacienda Enterprises No. 2, Inc. v. Smarr, 841 S.W.2d 807, 809 (Mo.App. E.D.1992); Conder v. Board of Directors of Windsor School, 567 S.W.2d 377, 379 (Mo.App.1978). … Under § 168.126, however, the Board, rather than the principal, is the employing authority for probationary teachers. See Smith v. Consolidated School Dist.

    Cited 5 timesPublished
  • Gilroy-Sims & Associates v. Downtown St. Louis Business District

    729 S.W.2d 504 · Missouri Court of Appeals · Mar 24, 1987

    Roberts v. McNary, 636 S.W.2d 832 , 337[16] (Mo. banc 1982). … Nichols v. Fuller, 449 S.W.2d 11, 14 [2] (Mo.App.1969). However, recourse to Michigan law is also unavailing.

    Cited 4 timesPublished
  • Brunnert v. Boeckmann

    226 Mo. App. 494 · Missouri Court of Appeals · Jan 21, 1924

    [Weaver v. Wilson, 206 S. W. 916 .] The last four years of the lease the decedent was “to do a little work for'his board 'every year.” … Hence the former cannot recover for any board and lodging furnished for the time during which decedent was rendering services to him. [Hyde v. Honiter, 175 Mo. App. 583 , 592 ; Wood v. Lewis, 183 Mo. App. 553, 563 .]

    Cited 7 timesPublished
  • Spilker v. Bethel Special School Dist.

    235 S.W.2d 78 · Missouri Court of Appeals · Dec 19, 1950

    V. Dutton, J. W. … Gen. v. Board of Com'rs. of Crow Wing County, 66 Minn. 519 , 69 N.W. 925 , 35 L.R.A. 745 .

    Cited 19 timesPublished
  • State Ex Rel. Cook v. Glassco

    237 Mo. App. 107 · Missouri Court of Appeals · May 5, 1942

    In this case, the board of police commissioners on December 14, 1939, pursuant to a request in writting made by relator to each member of said board, made application to the board of trustees of the police retirement system … That power is vested exclusively in the board of trustees. [State ex rel. Lambert v. Flyn (Mo.), 154 S.W.2d 52 , l.c. 54.]

    Cited 2 timesPublished
  • State Ex Rel. State Highway Commission v. Pinkley

    474 S.W.2d 46 · Missouri Court of Appeals · Sep 28, 1971

    Leslie v. City of St. Louis, 47 Mo. 474 ; City of St. Louis v. Glasgow, 254 Mo. 262 , 162 S.W. 596 ; State ex rel. State Highway Commission v. … It is a familiar principle of statutory construction that “ * * * the express mention of one thing implies the exclusion of another * * Brown v. Morris, 365 Mo. 946 , 290 S.W.2d 160, 166 .

    Cited 19 timesPublished
  • Worlledge v. City of Greenwood

    627 S.W.2d 328 · Missouri Court of Appeals · Jan 12, 1982

    State v. Kelly, 408 S.W.2d 383, 390 (Mo.App.1966). … Moseley v. City of Mountain Grove, 524 S.W.2d 444 (Mo.App.1975).

    Cited 18 timesPublished
  • George Weis Co. v. Dwyer

    956 S.W.2d 335 · Missouri Court of Appeals · Oct 7, 1997

    Therefore, accepting a bond is a discretionary act, and the School Board is protected by the doctrine of official immunity. S & W Cabinets, Inc. v. … Donjon v. Black & Decker, Inc., 825 S.W.2d 31, 32 (Mo.App. E.D.1992). During trial, School Board presented the testimony of James, who had been a lawyer for School Board.

    Cited 8 timesPublished
  • Monarch Fire Protection District v. Professional Fire Fighters of Eastern Missouri Local 2665

    493 S.W.3d 916 · Missouri Court of Appeals · Jul 26, 2016

    (Supp. 2014), the district has a board of directors that meets regularly and exercises all powers of the board. The board consists of three directors, and elections for the board are held every two years. … Dubinsky v. Chemical Bank, 748 S.W.2d 957, 959 (Mo.App.E.D.1988).

    Cited 2 timesPublished
  • CRF Ex Rel. CRC v. BMF

    174 S.W.3d 90 · Missouri Court of Appeals · Oct 25, 2005

    Brown v. Shannahan, 141 S.W.3d 77, 82 (Mo.App. E.D.2004); see also, Blechle, 110 S.W.3d at 855 , quoting B.L.W. by Ellen K. v. Wollweber, 823 S.W.2d 119, 122 (Mo.App. S.D.1992) citing Kirksey v. … Brown, 141 S.W.3d at 82 ; see also, Blechle, 110 S.W.3d at 855 .

    Cited 0 timesPublished
  • Beauchamp v. Monarch Fire Protection District

    471 S.W.3d 805 · Missouri Court of Appeals · Oct 13, 2015

    King-Willmann v. Webster Groves Sch. Dist., 361 S.W.3d 414, 416 (Mo. banc 2012) (citing Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)). We review questions of law de novo. Chastain v. Kansas City Mo. … Capitol Queen & Casino, Inc. v. Mo. Gaming Comm’n, 926 S.W.2d 55, 58 (Mo.App.W.D.1996) (quoting State ex rel. Bates v. Am. Polled Hereford Ass’n, 863 S.W.2d 350, 353 (Mo.App.W.D.1993)). See also State ex rel. Porter v.

    Cited 6 timesPublished
  • Homa v. Carthage R-IX School District

    345 S.W.3d 266 · Missouri Court of Appeals · May 4, 2011

    ’s decision.’ ” Stacy v. … The Board was free to believe all, part, or none of the witnesses’ testimony. See Hanford v. City of Arnold, 49 S.W.3d 707, 710 (Mo.App. E.D.2001).

    Cited 1 timesPublished
  • State v. Sims

    639 S.W.2d 105 · Missouri Court of Appeals · Jul 6, 1982

    In his Fourth Amendment contention, Sims relies principally on Brown v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979). … The facts here are sharply at variance with Brown .

    Cited 20 timesPublished
  • Marriage of Holt v. Holt

    633 S.W.2d 171 · Missouri Court of Appeals · Mar 23, 1982

    Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). … See Miller v. Miller, 599 S.W.2d 237, 239 (Mo.App.1980) and Brown v. Brown, 537 S.W.2d 434, 437 (Mo.App.1976). Likewise, the trial court is given broad discretion in the allowance of attorney’s fees, Kieffer v.

    Cited 10 timesPublished
  • City of Lake Lotawana v. Lehr

    529 S.W.2d 445 · Missouri Court of Appeals · Sep 2, 1975

    Christopher v. … In Tramonti v.

    Cited 8 timesPublished

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