City of Evansville v. Baumeyer

*645Achor, C. J.

— The above captioned cause has been transferred to this court from the Appellate Court upon an equal division of the court, pursuant to §4-215, Burns’ 1946 Replacement.

The issue in controversy arose from the following factual situation:

The appellees, on August 8, 1958, filed their complaint against appellant, City of Evansville, and others, to enjoin the enforcement of an order of the Municipal Civil Service Commission, dated August 2, 1958, establishing permanent ranks for the members of the police department of said city. The action was filed in the Vanderburgh Probate Court.…