People Ex Rel. Fleming v. Conlisk

This was a complaint for a writ of mandamus. Plaintiff Walter Fleming sued defendant James B. Conlisk, Jr., Superintendent of the Chicago Police Department, to compel restoration of his position as a patrolman in the Chicago police force. After an amended complaint was filed, defendant moved to strike and dismiss on the ground that it did not state a cause of action. Defendant alleged that on the face of the complaint, it appeared plaintiff was guilty of laches in failing to prosecute his cause of action within six months after it accrued. The trial court, however, found that plaintiff was…