Snizaski v. Zaleski

Opinion by

Mr. Justice Cohen,

This is an appeal from a judgment in a mandamus proceeding, by agreement tried without a jury, instituted against appellees, the Mayor and City Council of New Kensington, Pennsylvania. Appellants, police and firemen dismissed from their jobs by appellees without a hearing, seek reinstatement to their former positions and damages for back wages. The court below denied the relief requested and an appeal was taken to this Court.

Before appellants can question the propriety of their removal, the burden is on them to establish that they were properly appointed under the…