PEOPLE EX REL. WIECHERN v. SMYKAL

Gen. No. 46,867.

12 Ill. App.2d 398 (1956)

139 N.E.2d 839

People of State of Illinois ex rel. James K. Wiechern, Appellee, v. Richard Smykal, Acting Commissioner of Department of Buildings, City of Chicago; Stephen E. Hurley, President, Albert W. Williams, and John J. Ahern, Members of and Constituting Civil Service Commission of City of Chicago; James H. Dillard, Comptroller of City of Chicago; and David L. Hartigan, Acting Treasurer of City of Chicago, Appellants.

Appellate Court of Illinois — First District, First Division.

Released for publication February 11, 1957.


Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel of City of Chicago, for defendants-appellants; L. Louis Karton, Head of Appeals and Review Division, Sydney R. Drebin, and Robert J. Collins, Assistant Corporation Counsel, all of Chicago, of counsel.

Michael F. Ryan, of Chicago, for appellee; Richard F. McPartlin, Jr., of Chicago, of counsel.


JUDGE FRIEND delivered the opinion of the court.

This is a mandamus proceeding by a former employee of the building department of the City of Chicago who was discharged during his probationary period. He asked that the court declare his discharge illegal, and that it order his reinstatement and reimbursement of alleged lost salary.

The complaint alleged that plaintiff took and successfully passed the civil service examination for the position of building inspector...

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