Legal Opinion

McCoach v. Philadelphia

Supreme Court of Pennsylvania

Decided March 20, 1922No. Appeal, No. 117PublishedCited by 30 opinions

Appeal, No. 117, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1576, for petitioner, in case tried by the court without a jury, in suit of David McCoach v. City of Philadelphia, J. Hampton Moore, Mayor, and James T. Cortelyou, Director of Public Safety. Petition for mandamus. Before Rogers, J. The opinion of the Supreme Court states the facts. Petition granted: 30 Pa. Dist. R. 597. Defendants appealed.

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Appeal, No. 117, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1576, for petitioner, in case tried by the court without a jury, in suit of David McCoach v. City of Philadelphia, J. Hampton Moore, Mayor, and James T. Cortelyou, Director of Public Safety. Petition for mandamus. Before Rogers, J. The opinion of the Supreme Court states the facts. Petition granted: 30 Pa. Dist. R. 597. Defendants appealed. Error assignedinter alia, was order, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

The plaintiff, David McCoach, has been a police officer of the City of Philadelphia for forty years and was a captain of police from 1902 until 1920. In the latter year charges were preferred against him, to which an answer was filed and the case heard by the civil service commission, who sustained certain of the charges and ordered the demotion of McCoach to the position of lieutenant. The order being enforced, he sought restoration to his former rank by a petition for a writ of mandamus, to which return was made, and the court below (jury trial being waived)…

2Cases cited3 opinions

  1. Buckley v. HolmesSupreme Court of Pennsylvania · 1917
  2. Thomas v. ConnellSupreme Court of Pennsylvania · 1919
  3. Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 1921

3Cited by30 opinions

  1. Souder v. PhiladelphiaSupreme Court of Pennsylvania · 1931
  2. Commonwealth Ex Rel. v. KlineSupreme Court of Pennsylvania · 1928
  3. Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
  4. Simmler v. PhiladelphiaCourt of Judicial Discipline of Pennsylvania · 1937
  5. School District No. 8, Pinal County v. Superior CourtArizona Supreme Court · 1967

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