Sims v. Fitzgerald
| Decision Date | 03 April 1906 |
| Citation | 191 Mass. 382,77 N.E. 714 |
| Parties | SIMS v. FITZGERALD, Mayor. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
B. F. Briggs, for plaintiff.
Samuel M. Child, for respondent.
LORING J.
The contention of the petitioner is that until a hearing has been had under Rev. Laws, c. 19, § 23, he is de jure the janitor of police station No. 5, and is entitled to a writ of mandamus directing his reinstatement. Such a writ should be brought against the police board, to whom the control of police stations is given by St. 1885, p. 778, c. 323, § 4, and whose duty it would be to reinstate the petitioner if his contention is right. See in this connection Ham v. Boston Board of Police, 142 Mass. 90, 7 N.E. 540.
Petition dismissed.
To continue reading
Request your trial
-
State ex rel. Bluford v. Canada
... ... v. Marrs, 253 S.W. 817; 38 C. J. 554; Mills v ... Lowndes, 26 F.Supp. 792; State ex rel. Relief Assn ... v. Wilmington, 118 A. 640; Sims v. Fitzgerald, ... 191 Mass. 382, 77 N.E. 714; Holtzclaw v. Riley, 113 ... Ga. 1023, 39 S.E. 425; State ex rel. Whidden v ... Jones, 125 ... ...
-
State ex rel. Jacoby v. Missouri Val. Drainage Dist. of Holt County
... ... against them. 38 C.J., p. 933, cases collated, Note 17; ... Eyerly v. Jasper County, 33 N.W. 609; Sims v ... Fitzgerald, 77 N.E. 714; Boise City Natl. Bank v ... Independent School District, etc., 189 P. 47; State ... ex rel. v. City of Willow ... ...
- Stone v. Stone
- Stacey v. Haverhill, G. & D. St. Ry. Co.