State Ex Rel. Waldman v. Burke

By the Court.

Our only question is whether the conclusion of law announced was warranted by the facts disclosed. From the facts found the Court of Appeals concluded that the relator was not discharged from his position but rather that he removed himself therefrom by conduct which constituted a constructive resignation.

The Court of Appeals specifically found as follows :

“Relator was a regularly appointed smoke inspector in the classified service of the city of Cleveland. On August 1, 1946, he was granted a leave for six months on account of illness. Prior to the expiration of such leave, to…