Ferguson v. City of Philadelphia

MacNeille, P. J., and Milner, J.,

This is an action in mandamus in which plaintiff seeks to compel his reinstatement as a lieutenant of detectives in the bureau of police. The complaint in mandamus was filed on August 14, 1951, and defendants filed preliminary objections to the complaint on August 31, 1951. These preliminary objections were argued before the court en banc and were overruled at the bar of the court, it appearing that mixed ques*88tions of law and fact were involved. Defendants then filed their answer and plaintiff has moved for summary judgment (see Pa. R. C. P. 1098). Defendants’…