State ex rel. Dewald v. Matia, No. 23477.

CourtUnited States State Supreme Court of Ohio
Citation125 Ohio St. 487,181 N.E. 901
Decision Date08 June 1932
PartiesSTATE ex rel. DEWALD v. MATIA, Director of Parks and Public Property.
Docket NumberNo. 23477.

125 Ohio St. 487
181 N.E. 901

STATE ex rel. DEWALD
v.
MATIA, Director of Parks and Public Property.

No. 23477.

Supreme Court of Ohio.

June 8, 1932.


Original action by the State of Ohio, on the relation of Louise Dewald, for a writ of mandamus to Felix Matia, as Director of Parks and Public Property of the City of Cleveland.-[By Editorial Staff.]

Writ allowed.


[Ohio St. 487]Demson, Phillips & Falsgraf, or Cleveland, for relator.

W. George Kerr, director of law, and John Smith, both of Cleveland, for defendant.


BY THE COURT.

This is an original action in mandamus in this court, wherein are relator prays for a writ of mandamus commanding the defendant to re-instate and restore her to the office of commissioner of cemeteries of the city of Cleveland.

The case was submitted to the court upon petition, answer, reply, and stipulation of facts. It appears that the relator was first employed in the city cemetery department in 1900; that she took a civil service examination for that position in 1911, passed, and was placed in the classified list; that she was appointed secretary of the cemetery department in 1912, and on January 18, 1917, took a competitive examination for [Ohio St. 488]supervisor of cemeteries and was duly appointed to that position on March 22, 1917. On January 1, 1925, she was appointed commissioner of cemeteries, and since that time has been continuously in that office. The duties performed by the relator as supervisor of cemeteries, and, later, as commissioner of cemeteries, were substantially the same.

The petition alleges that on March 12, 1932, she was wrongfully and unlawfully discharged from her office as commissioner of the division of cemeteries by the defendant, the director of parks and public property of the city. The pleadings on file contain a large number of provisions of the city charter, rules of the Civil Service Commission, and ordinances of the city which are claimed to have a bearing upon the legal questions presented. However, we will only refer to such of them as are necessary for the disposition of this case.

1. The first question to be determined is whether the relator occupies a position within the civil service classification of the city. A city charter was adopted by the electorate, which became effective on January 1, 1924, and amendments thereto were later adopted, becoming effective on November 9, 1931. During those periods the city charter at all times contained, under the head of ‘Classification,’ divisions...

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5 practice notes
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...cannot be removed except on definite charges constituting the offense defined in the governing law. State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N.E. 901; Bregel v. Newport, 208 Ky. 581, 271 S.W. 665; Armstrong v. Civil Service Commrs., 243 Ky. 415, 48 S.W. (2d) 1055; Ridgway v. For......
  • Schaefer v. Clark, No. 41490
    • United States
    • United States Court of Appeals (Georgia)
    • November 10, 1965
    ...all proceedings thereafter are a nullity. Owens v. Ackerman, Ohio App., 136 N.E.2d 93, 97; State ex rel. Dewald v. Matia [125 Ohio 487, 181 N.E. 901], supra.' (Emphasis mine). That ruling has neither been criticized nor overruled by the majority decision. Ordinarily, a void pleading or a pl......
  • Scott v. Undercofler, No. 40226
    • United States
    • United States Court of Appeals (Georgia)
    • September 4, 1963
    ...226 La. 227, 75 So.2d 343; Hays v. Louisiana Wild Life & Fisheries Comm., 243 La. 278, 143 So.2d 71; State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N.E. 901; Bregel v. City of Newport, 208 Ky. 581, 271 S.W. 665; Town of West New York v. Bock, 38 N.J. 500, 186 A.2d 97, 108. Some co......
  • State ex rel. Weber v. Eirick
    • United States
    • United States Court of Appeals (Ohio)
    • May 7, 1934
    ...particularity to enable the subordinate to recognize and explain them if possible.' In the cases of State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N. E. 901, and State ex rel. Votaw v. Matia, 125 Ohio St. 598, 183 N. E. 533, it was held that a charge or reason for discharge in the fol......
  • Request a trial to view additional results
5 cases
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...cannot be removed except on definite charges constituting the offense defined in the governing law. State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N.E. 901; Bregel v. Newport, 208 Ky. 581, 271 S.W. 665; Armstrong v. Civil Service Commrs., 243 Ky. 415, 48 S.W. (2d) 1055; Ridgway v. For......
  • Schaefer v. Clark, No. 41490
    • United States
    • United States Court of Appeals (Georgia)
    • November 10, 1965
    ...all proceedings thereafter are a nullity. Owens v. Ackerman, Ohio App., 136 N.E.2d 93, 97; State ex rel. Dewald v. Matia [125 Ohio 487, 181 N.E. 901], supra.' (Emphasis mine). That ruling has neither been criticized nor overruled by the majority decision. Ordinarily, a void pleading or a pl......
  • Scott v. Undercofler, No. 40226
    • United States
    • United States Court of Appeals (Georgia)
    • September 4, 1963
    ...226 La. 227, 75 So.2d 343; Hays v. Louisiana Wild Life & Fisheries Comm., 243 La. 278, 143 So.2d 71; State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N.E. 901; Bregel v. City of Newport, 208 Ky. 581, 271 S.W. 665; Town of West New York v. Bock, 38 N.J. 500, 186 A.2d 97, 108. Some co......
  • State ex rel. Weber v. Eirick
    • United States
    • United States Court of Appeals (Ohio)
    • May 7, 1934
    ...particularity to enable the subordinate to recognize and explain them if possible.' In the cases of State ex rel. Dewald v. Matia, 125 Ohio St. 487, 181 N. E. 901, and State ex rel. Votaw v. Matia, 125 Ohio St. 598, 183 N. E. 533, it was held that a charge or reason for discharge in the fol......
  • Request a trial to view additional results

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