People ex rel. Abraham v. Allman

Me. Presiding Justice Burke

delivered the opinion of the court.

On April 14, 1938, plaintiffs, who are 115 patrolmen in the classified service of the department of police of the city of Chicago, filed their complaint in the superior court of Cook county praying that they be granted a writ of mandamus commanding defendants to appoint each of them to the rank of sergeant in the police department of the city. On May 9,1938, defendants filed a motion to strike the writ of mandamus and to dismiss the suit. The motion set up as a ground for defense that the action was barred under the doctrine of res…