Mulcay v. Murray

Quillian, Justice.

1. The case is here on exception to a. judgment sustaining a general demurrer to the petition. The controlling question in the case is whether the petition shows a resolution passed by the Civil Service Commission removing the plaintiff from the office designated by the city charter as First Assistant Chief of the city fire department and discharging him from the fire department was void. This is true because upon the decision of the question as to whether the resolution is void depends the sufficiency of the petition to set forth a cause for any of the relief prayed therein.