Legal Opinion

Fish v. McGann

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 23 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. This is a petition for mandamus, filed by appellant in the circuit court of Cook county on April 3, 1902, against appellee, as comptroller of the city of Chicago, to compel the latter to re-instate petitioner in the position of chief clerk in the comptroller’s office of the city.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. This is a petition for mandamus, filed by appellant in the circuit court of Cook county on April 3, 1902, against appellee, as comptroller of the city of Chicago, to compel the latter to re-instate petitioner in the position of chief clerk in the comptroller’s office of the city. The petition sets up the adoption by the city of Chicago of the Civil Service act of 1895 in that year, and the appointment of civil service…

1Opinion of the CourtJustice Magruder

First—The petitioner claims that he was improperly discharged from the position of chief clerk in the comptroller’s office of the city, upon the alleged ground that he could not be removed or discharged except for cause upon written charges, and after an opportunity to be heard in self-defense, and after an investigation of such charges by or before the civil service commission. In other words, appellant claims that section 12 of an “Act to regulate the civil service of.cities,” (1 Starr & Curt. Ann. Stat.—2d ed.—chap. 24, par. 330, p. 829,) applies to his case. Section 12 is in part as…

2Cases cited6 opinions

  1. People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
  2. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
  3. City of Chicago v. StrattonIllinois Supreme Court · 1896
  4. Johnson v. RobertsIllinois Supreme Court · 1882
  5. Compher v. PeopleIllinois Supreme Court · 1850

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3Cited by23 opinions

  1. Ashland Transfer Co. v. State Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1932
  2. Romanik v. Board of Fire & Police CommissionersIllinois Supreme Court · 1975
  3. Alberty v. DanielAppellate Court of Illinois · 1974
  4. People Ex Rel. Ballinger v. O'CONNORAppellate Court of Illinois · 1957
  5. McLeland v. Marshall CountySupreme Court of Iowa · 1924

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