Becker v. Merrell

Appellant sought in mandamus rescisión of the city manager’s order dismissing him from the office of Chief of Police of Fort Lauderdale and the Civil Service Board’s order sustaining the manager’s action. Besides reinstatement he also prayed for payment of “back salary.” Attached to his petition and by appropriate words made a part of the alternative writ was a transcript of testimony taken with respect to the charges preferred against him.

The circuit judge granted a motion to .quash the writ because he concluded there was evidence sufficient to sustain charge number 7 as it was elaborated…