Opinion
No. 36678
Decided February 23, 1961.
Mandamus — Not available where adequate remedy by appeal — Civil service — Removals.
APPEAL from the Court of Appeals for Cuyahoga County.
By this action in mandamus, originating in the Court of Appeals, relator seeks to be restored to his position as patrolman in the classified service of the Division of Police, Department of Public Safety of the City of Cleveland.
Relator was charged with violation of rules of the police department and, after a hearing, was found guilty and dismissed. Relator contends that his dismissal was null and void and any order attempting to dismiss him was ineffective because relator was not furnished a copy of the order of removal and the reasons therefor, as required by statute, the city charter and the rules of the city civil service commission.
The Court of Appeals found that there was pending in the Court of Common Pleas an appeal by relator herein from a decision of the civil service commission in which was involved the issue as joined in relator's petition and respondent's answer thereto, held that the writ of mandamus cannot be used as a substitute for an appeal, and denied the writ.
An appeal as of right brings the cause to this court for review.
Messrs. McManamon McManamon, for appellant.
Mr. Ralph S. Locher, director of law, and Mr. William T. McKnight, for appellees.
The relator had and exercised the adequate remedy of appeal from the order of dismissal to review the alleged errors complained of and cannot now have such a review by a proceeding in mandamus.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.