McKenna v. South Park Commissioners

Appellate Court of Illinois

McKenna v. South Park Commissioners

198 Ill. App. 369, 1916 Ill. App. LEXIS 434

CourtAppellate Court of Illinois

DecidedMarch 27, 1916

DocketGen. No. 21,692

StatusPublished

Cited by1 cases

This text of 198 Ill. App. 369 (McKenna v. South Park Commissioners) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKenna v. South Park Commissioners, 198 Ill. App. 369, 1916 Ill. App. LEXIS 434 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Holdom

delivered the opinion of the court.

2. Civil service, § 25*—when presumed that park civil service board authorized one of its members to act as trial board. Where a park civil service board had the power to change the personnel of its trial board at any time, in the absence of any averment to the contrary, in mandamus by a discharged park patrolman for reinstatement, it will be assumed that it authorized a single member of such trial board to proceed as sole trial officer. 3. Civil service—when any illegality in appointment of persons on trial board corrected by action of board. If there is room for any doubt as to the legality of the appointment of the persons constituting a park trial board, the ratification of the action of the board by the park civil service commission in approving and adopting its report and findings is a sufficient corrective. 4. Civil service, § 25*—when patrolman petitioning for reinstatement may not raise jurisdictional question of trial board on appeal. A discharged park patrolman, petitioning for mandamus to reinstate himself as such patrolman, who appeared at the trial before a trial board in person and was heard in his own defense, and made no protest or objection to the jurisdiction of the trial board either before that board or to the park civil service commission, cannot raise the jurisdictional question for the first time on appeal.

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Mr. Justice Holdom

delivered the opinion of the court.

2. Civil service, § 25*—when presumed that park civil service board authorized one of its members to act as trial board. Where a park civil service board had the power to change the personnel of its trial board at any time, in the absence of any averment to the contrary, in mandamus by a discharged park patrolman for reinstatement, it will be assumed that it authorized a single member of such trial board to proceed as sole trial officer. 3. Civil service—when any illegality in appointment of persons on trial board corrected by action of board. If there is room for any doubt as to the legality of the appointment of the persons constituting a park trial board, the ratification of the action of the board by the park civil service commission in approving and adopting its report and findings is a sufficient corrective. 4. Civil service, § 25*—when patrolman petitioning for reinstatement may not raise jurisdictional question of trial board on appeal. A discharged park patrolman, petitioning for mandamus to reinstate himself as such patrolman, who appeared at the trial before a trial board in person and was heard in his own defense, and made no protest or objection to the jurisdiction of the trial board either before that board or to the park civil service commission, cannot raise the jurisdictional question for the first time on appeal.

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Bluebook (online)

198 Ill. App. 369, 1916 Ill. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenna-v-south-park-commissioners-illappct-1916.

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