Frantz v. Philadelphia

Opinion by Mr.

Chief Justice Kephart,

On October 1, 1929, appellant was demoted from the position of captain of police to that of patrolman by the director of public safety. Appellant asked reinstatement to his former position, by a writ of alternative mandamus filed July 12, 1932. On May 15, 1934, after hearing, the court below entered judgment for defendant on the basis of the decision of this Court in McCoach v. City of Philadelphia, 273 Pa. 317. Subsequent to the decision in the case of Simmler v. Philadelphia et al., 329 Pa. 197, holding that demotion can be .effected only after hearing by…