Fish v. McGann
Appellate Court of Illinois
Mandamus.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge presiding. Heard in this court at the October term, 1903. April 3, 1902, appellant filed a petition praying for a writ of mandamus commanding appellee, as comptroller of the city of Chicago, to reinstate petitioner as chief clerk in said comptroller’s office.
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Mandamus.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge presiding. Heard in this court at the October term, 1903. April 3, 1902, appellant filed a petition praying for a writ of mandamus commanding appellee, as comptroller of the city of Chicago, to reinstate petitioner as chief clerk in said comptroller’s office. The petition sets up the adoption of the civil service act of 1895, by the city of Chicago in that year, and the appointment of civil service commissioners under and by virtue thereof. In November, 1899, petitioner, after due examination under the…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
The object of the demurrer in this case was to determine whether the well pleaded facts of the answer constituted grounds of defense against the issuance of the writ of mandamus. Johnson v. Roberts, 102 Ill. 658. By filing the demurrer the petitioner admitted the truth of all the material facts set up in the answer, but not the legal conclusions, if any, drawn from them by the pleader. Compher v. People, 12 Ill. 293; Greig v. Russell, 115 Ill. 488; County of Christian v. Merrigan, 191 Ill. 487. When a demurrer is overruled and the…
2Cited by2 opinions
- Wilson v. People ex rel. CochraneSupreme Court of Colorado · 1922
- Kirkpatrick v. PeopleSupreme Court of Colorado · 1919