Opinion
No. 30723
Decided December 11, 1946.
Prohibition — Writ not granted where issues moot — Hearing on suspension of policeman in classified civil service.
APPEAL from the Court of Appeals for Lucas county.
The relator sought from the Court of Appeals a writ of prohibition to prevent the city manager of Toledo "from hearing and determining the purported suspension" of relator as a patrolman in the classified civil service and to prevent the director of public safety and chief of police of that city from enforcing or complying with any order, judgment or decision made by the city manager suspending the relator for 30 days for conduct unbecoming an officer and for insubordination.
It appears from the admitted statements in the pleadings filed in the Court of Appeals that a copy of the order of suspension of relator and a copy of his reply thereto were transmitted to the Civil Service Commission of Toledo after the petition in prohibition had been filed, and that 30 days after the effective date of the order of suspension the relator resumed his duties as patrolman and thereafter continued to be so employed.
The Court of Appeals treated a demurrer as a motion for judgment on the pleadings and dismissed the petition and supplemental petition of the relator, for the reason that it appeared from the admissions in the pleadings of the relator that the issues were moot.
Motions for judgment notwithstanding the findings of the court and for new trial were overruled. The relator thereafter perfected an appeal as of right to this court.
Mr. Charles J. McLaughlin and Mr. Steven L. Markowski, for appellant.
Mr. W.G. Christensen, director of law, and Mr. Jas. Slater Gibson, for appellees.
The judgment of the Court of Appeals is affirmed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21, and State, ex rel. Maysville Bridge Co., v. Quinlan, Judge, 124 Ohio St. 658, 181 N.E. 880.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.