General
L. C. De CARLI, Respondent, v. BOARD OF POLICE AND FIRE COMMISSIONERS OF THE CITY OF SAN JOSE et al., Appellants
27 Cal. App. 792·District Court of Appeal of the State of California·1915·CA
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Opinion
[Civ. No. 1315.
Third Appellate District.
March 20, 1915.]
L. C. De CARLI, Respondent, v. BOARD OF POLICE AND FIRE COMMISSIONERS OF THE CITY OF SAN JOSE et al., Appellants.
Mandamus — Proceeding for Salary and Reinstatement as Police Officer.—Judgment reversed on the authority of Bumburg v. Board of Police and Fire Commissioners of the City of San Jose, ante, p. 6.
APPEAL from a judgment of the Superior Court.of Santa Clara County and from an order denying a new trial. John E. Richards, and William A. Beasley, Judges.
The facts are similar to those stated in the opinion in Sum-burg v. Board of Police and Fire Commissioners of the City of San J ose, ante, p. 6.
John W. Sullivan, City Attorney, for Appellants.
J. C. Black, for Respondent.
[MAJORITY — BURNETT, J.]
BURNETT, J.
On the authority of Humburg v. The Board of Police and Fire Commissioners of San Jose et al., (Civ. No. 1313), ante, p. 6, [148 Pac. 802], this day decided, the judgment herein is reversed.
Chipman, P. J., and Hart, J., concurred.
A petition for a rehearing of this cause was denied by the district court of appeal on April 19, 1915, and a petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on May 17,1915.