Dodge v. Board of Police Commissioners

California Court of Appeal

Dodge v. Board of Police Commissioners

82 P. 699, 1 Cal. App. 608, 1905 Cal. App. LEXIS 179

CourtCalifornia Court of Appeal

DecidedSeptember 19, 1905

DocketNo. 59.

StatusPublished

Cited by2 cases

This text of 82 P. 699 (Dodge v. Board of Police Commissioners) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dodge v. Board of Police Commissioners, 82 P. 699, 1 Cal. App. 608, 1905 Cal. App. LEXIS 179 (Cal. Ct. App. 1905).

Pincite

Opinion

COOPER, J.

Application for writ of mandate.

The petition alleges that the defendants, acting as the board of police commissioners of the city and county of San Francisco, did on or about the twelfth day of June, 1893, dismiss the plaintiff from his position of patrolman of the police force of the city and county of San Francisco. The petition for the writ was filed March 6, 1902.

In the case of Jones v. Board of Police Commissioners, 141 Cal. 96, [74 Pac. 696], an action similar to the present, it was held that the cause of action was barred by subdivision 1 of section 338 of the Code of Civil Procedure, and also by section 343 of the Code of Civil Procedure. That ease was followed and approved by this court in Farrell v. Board of Police Commissioners, filed May 24, 1905, ante, p. 5, [81 Pac. 674].

Under the authority of these cases the judgment in this case is reversed.

Harrison, P. J., and Hall, J., concurred.

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