City of Elkhart v. Minser

— This is an appeal from a judgment of the Marshall Circuit Court ordering the appellant to reinstate the appellee to his former position as a fireman in the fire department of the city of Elkhart. The appellee has filed a petition to dismiss the appeal. The cause has been fully briefed, both upon the motion to dismiss and upon the merits.

The appellee was employed as a member of the fire department of said city until December 3, 1935, on which date he was suspended for violation of rule No. 6 promulgated by the department, which prohibited the wife of a fireman from engaging in any…