State Ex Rel. Murtagh v. Department of City Civil Service

A rehearing was granted herein in order to consider whether the judgment of the lower court is erroneous insofar as it orders relator's "reinstatement" as a civil service employee from the time of his discharge instead of from the date of finality of the judgment. Notwithstanding this, the majority decree that the rehearing will not be entertained for the reason that the question (for which the rehearing was granted) was not raised or argued on the original hearing. Yet, in the body of the opinion, it is found(a) That the judgment of the lower court "reinstating" relator in classified service…