Williams v. Board of Police Commissioners

In this appeal from the action of the defendant hoard of police commissioners, brought to this court on the first Tuesday of February, 1970, the plaintiff claimed the case to a jury and the matter was assigned on the jury trial list. At the time that the matter was reached for trial, the plaintiff orally withdrew his claim for trial by jury. The defendant then raised the question of the power of the court to hear the case and requested that the matter be dismissed for lack of jurisdiction.

Although a motion to dismiss in the trial court is an improper procedure; East Side Civic Assn. v.…