State Ex Rel. Weaver v. Paxson

This is an action on the relation of John M. Weaver to mandate appellees to restore him to duty as a policeman in the police department of the City of Elkhart.

The only error assigned is the sustaining of appellee’s separate and several motion to dismiss plaintiff’s complaint and in denying appellant’s motion to set aside the order of dismissal.

The complaint is very lengthy, but in substance, states the following as a basis for recovery: That on January 1, 1935, and long prior thereto the plaintiff was a member of the police force of the city of Elk-hart, a city of the third class, that the…