State ex rel. Borsuk v. City of Cleveland

Appellants assert, in substance, that the court below erred in issuing the writ of mandamus for *227the reason that relator did not show a clear right to the relief sought.

This assertion is supported by an argument that since the Common Pleas Court held, in the appeal by respondents from the Civil Service Commission order, that the court had no jurisdiction of the appeal, the court should have dismissed the appeal and was without authority to order reinstatement. It is then argued that since the judgment could go no further than to order a dismissal for lack of jurisdiction, the Civil Service…