74 P. 696 | Cal. | 1903
This is a proceeding in mandamus for the purposes of compelling the board of police commissioners of *97 the city and county of San Francisco to admit petitioner to the office of policeman in the police department of said city. The petition was filed October 4, 1901, and alleges: "That on the sixteenth day of April, A.D. 1894, the board of police commissioners of the city and county of San Francisco did unlawfully preclude this plaintiff from the use and enjoyment of his said office as such policeman, and did pretend to dismiss him therefrom, and did prevent him from performing any of the duties of his said office. That ever since said sixteenth day of April, 1894, plaintiff and petitioner, by the said unlawful acts of said board of police commissioners, has been and now is precluded from the use and enjoyment of his said office."
Defendant demurred to the complaint upon the ground, among others, "that plaintiff's cause of action and right to a writ of mandate is barred by subdivision 1 of section
It follows that the judgment should be reversed, with directions to the court below to sustain the demurrer and dismiss the proceeding.
Haynes, C., and Gray, C., concurred.
For the reasons given in the foregoing opinion the judgment is reversed, with directions to the court below to sustain the demurrer and dismiss the proceeding.
McFarland, J., Van Dyke, J., Shaw, J.,
Angellotti, J., Lorigan, J., Beatty, C.J.