Eckert v. Buckley

Opinion by

Judge Kramer,

This is an appeal by William L. Eckert from an order of the Court of Common Pleas of Allegheny County, dated October 21, 1974, which sustained the preliminary objection of the Borough of Aspinwall to Eckert’s complaint in mandamus. The complaint requested that the court order the Borough to promote Eckert to lieutenant of police, with back pay and fringe benefits. The preliminary objection was in the nature of a demurrer, alleging that Eckert had not pleaded a cause of action in mandamus. The only issue raised by this appeal is whether, under Sections 1184 and 1188 of…