State ex rel. Moyer v. Baldwin

Citations

• 77 Ohio St. (N.S.) 532

Syllabus

<p>Mandamus to restore party to office — From which illegally removed —Powers of mayor in removal — Jurisdiction over police department — Provisions of municipal code.</p> <p>1. Mandamus is the proper remedy to restore a party to the pos- . session of an office from which he has been illegally removed.</p> <p>2. Under the new municipal code the mayor has authority to remove an officer or appointee in the police department, upon inquiry into the cause of suspension, by the chief of police, of such officer or appointee; but he is without original jurisdiction to inquire into charges against such an officer (other than the chief of police) or appointee, and upon such an inquiry he is without authority to remove an officer or appointee.</p>