Schearer v. Reading

Opinion by

Mr. Justice Drew,

Plaintiff, Walter S. Schearer, filed a petition for a writ of mandamus against the City of Reading, Harry F. Menges, Mayor; to compel his reinstatement as chief of police of the City and the payment of his salary from February 16, 1940, the date of his alleged wrongful dismissal. The refusal of the learned court below to grant the relief prayed for resulted in this appeal.

The case was tried by agreement, of the parties by a judge without a jury, and the facts as set forth in the findings of fact are not in dispute. Plaintiff, however, .filed exceptions to certain…