State Ex Rel. Miller v. City of Tacoma

Steinert, J. —

This is an action in mandamus to compel the reinstatement of a discharged member of the police force of the city of Tacoma, and to recover payment of his salary during the period of his separation from office. An alternative writ having first issued, a trial was had before the court, pursuant to which a judgment was entered quashing and dissolving the alternative writ and dismissing the action. An appeal was taken by the relator, Miller.

No testimony was taken at the trial. The facts are established by stipulations founded upon the pleadings and several affidavits, and are as…