Lehman v. Hazleton

Opinion by

Stadtfeld, J.,

Elmer Lehman instituted an action against defendants by petition for a writ of alternative mandamus to compel the City of Hazleton, by its proper officers, to draw, countersign and approve a warrant for the payment of salary alleged to be due him as a fire driver in the fire department of the said city.

By agreement, the case was referred to the court below sitting without a jury, upon a stipulation of facts substantially as follows: In January, 1924, the plaintiff, Elmer Lehman, without having taken a civil service examination, was appointed fire driver in the City of…