City of Albany v. Mitchell

Counsel for the plaintiff in error state in their brief that only three main issues are involved in this case, and for convenience the case will be discussed on the basis of this assumption, for we believe that a solution of these three issues will solve the real questions raised by the pleadings and the exceptions to the rulings thereon. The first issue, as stated, is, “Did Mitchell waive his right to a trial before the Board of City Commissioners? The defendant in error counters this statement of the issue with the contention that he could not waive the rights guaranteed him by the charter…