State Ex Rel. Lyons v. Ness

By the Court.

Does the law specially enjoin upon the respondents a duty to reinstate and restore the relator to his former position as a patrolman on the police force of the city of Cleveland? The Court of Appeals held that it does not.

The relator’s first contention is that his purported resignation was not intended to be permanent and is null and void. He insists, therefore, that he has not become separated from the service.

The second amended petition discloses a rule of the Civil Service Commission of Cleveland' which provides that a resigned employee may be reinstated within one year from…