Fitzsimmons v. O'Neill
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is a petition, filed by the appellant on August 6, 1902, in the circuit court of Cook county against the appellee, as general superintendent of police of the city of Chicago, for a writ of mandamus, directed to appellee as such general superintendent, commanding him forthwith to restore appellant to the position of “foreman of the repair shop” of the police department of the city of Chicago, held by him previous to…
1Opinion of the CourtJustice Magruder
The finding of fact made by the Appellate Court in its judgment of reversal is binding upon this court. By the finding of that court that the action of appellee in removing appellant from his position as foreman of the repair shop in the police department was taken in good faith and in the interest of economy, and to save the city an unnecessary expense, and not for the purpose of circumventing or evading the provisions of the Civil Service act; and that such removal was made solely for the reason that the city did not make an appropriation for the payment of appellant’s salary for the year…
2Cases cited5 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- McNamara v. . the Mayor, Etc.New York Court of Appeals · 1897
3Cited by41 opinions
- Land v. Board of Educ. of City of ChicagoIllinois Supreme Court · 2002
- State v. City of SeattleWashington Supreme Court · 1913
- Glen Misek and Richard J. Krakowski v. The City of Chicago, a Municipal Corporation, Harold Washington, Charles A. Pounian and Susan L. WeedCourt of Appeals for the Seventh Circuit · 1986
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- People Ex Rel. Elmore v. AllmanIllinois Supreme Court · 1943
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