State Ex Rel. Boyd v. Schneider

This action in mandamus originated in the Court of Appeals for Cuyahoga county. A demurrer was filed to the petition and thereafter counsel for the parties stipulated that, if the demurrer was overruled, the court should order a peremptory writ of mandamus to issue as prayed for in the petition, and that, if the demurrer was sustained, final judgment should be entered for the respondents.

The court overruled the demurrer, allowed the writ, and the cause is now in this court on an appeal as of right.

The action was instituted by George G. Boyd, a member of the division of police of the city of…