Mortimer v. City of Philadelphia

Lewis, P. J., and Sporkin, J.,

This matter comes before us on defendants’ motion for judgment on the pleadings. Plaintiff filed a suit in equity to compel the police commissioner of the City of Philadelphia to appoint him to the rank of captain in the police department. The city, the personnel director and the civil service commission were also named party defendants.

On May 21,1957, defendants moved for judgment on the pleadings on the grounds of: (1) Laches; (2) discretionary function of executive department in preparing eligibility lists; (3) jurisdiction of equity; (4) expiration of…