Legal Opinion

Butin v. Civil Service Commission

Supreme Court of Iowa

Decided May 12, 1917PublishedCited by 18 opinions

Appeal from Polio District Court. — W. S. Ayers, Judge. This is an appeal from a judgment of said district court directing said Civil Service Commission to reinstate the plaintiff, a policeman, whom said commission had discharged, and who, as an honorably discharged soldier, was within the so-called Soldier’s Preference Law.

1Opinion of the CourtSalinger, J.

l. certiorari: when writ nos: soldier's Preference Act: wrongful dwlmvgc. I. The commission had full jurisdiction to try the plaintiff. It heard , , ,, ,. testimony, and thereupon discharged him. ' oe removed the matter to the district court by writ of certiorari. There, there was a *1049trial on the evidence taken before the commission, and the court ordered plaintiff to be reinstated. The appellants contend that he should have proceeded by mandamus, and not certiorari, and that, at all events, he should have had no relief on certiorari, because the commission had full jurisdiction and did not…

2Cited by18 opinions

  1. Anderson v. JesterSupreme Court of Iowa · 1928
  2. Pierce v. GreenSupreme Court of Iowa · 1940
  3. Allen v. WegmanSupreme Court of Iowa · 1934
  4. Dickey v. Civil Service CommissionSupreme Court of Iowa · 1925
  5. Lineberger v. BagleySupreme Court of Iowa · 1942

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