Rudnick v. City of Chicago

Appellate Court of Illinois

Rudnick v. City of Chicago

198 Ill. App. 474, 1916 Ill. App. LEXIS 469

CourtAppellate Court of Illinois

DecidedApril 10, 1916

DocketGen. No. 20,897

StatusPublished

Cited by1 cases

This text of 198 Ill. App. 474 (Rudnick v. City of Chicago) 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

Rudnick v. City of Chicago, 198 Ill. App. 474, 1916 Ill. App. LEXIS 469 (Ill. Ct. App. 1916).

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Opinion

Mr. Justice Holdom

delivered the opinion of the court.

2. Civil service, § 10*—when Civil Service Commission has no power to create office. The Civil Service Commission has no power to create the office of “meter setter” in the Departmnt of Public Works in Chicago but can only classify the offices created by ordinances of the city council. 3. Mandamus, § 139*—when petition in mandamus to compel reinstatement of officer insufficient. In mandamus proceedings where the existence of the office is claimed, it must be made to appear by appropriate averments that the office was created in the manner prescribed in cases of such character. 4. Evidence, § 1Ó*—when judicial notice not taken of municipal ordinances. Courts of general jurisdiction do not take judicial notice of municipal ordinances, but he who relies upon such an ordinance must allege and prove it as a matter of fact. 5. Civil service, § 27*—when proceeding for mandamus not remanded. Writ of mandamus having been issued to reinstate relator to office of “meter setter” in the Chicago Department of Public Works, the Appellate Court, in reversing the judgment of the trial court, will not remand the cause, it appearing that relator was not entitled to the writ and is dead.

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Mr. Justice Holdom

delivered the opinion of the court.

2. Civil service, § 10*—when Civil Service Commission has no power to create office. The Civil Service Commission has no power to create the office of “meter setter” in the Departmnt of Public Works in Chicago but can only classify the offices created by ordinances of the city council. 3. Mandamus, § 139*—when petition in mandamus to compel reinstatement of officer insufficient. In mandamus proceedings where the existence of the office is claimed, it must be made to appear by appropriate averments that the office was created in the manner prescribed in cases of such character. 4. Evidence, § 1Ó*—when judicial notice not taken of municipal ordinances. Courts of general jurisdiction do not take judicial notice of municipal ordinances, but he who relies upon such an ordinance must allege and prove it as a matter of fact. 5. Civil service, § 27*—when proceeding for mandamus not remanded. Writ of mandamus having been issued to reinstate relator to office of “meter setter” in the Chicago Department of Public Works, the Appellate Court, in reversing the judgment of the trial court, will not remand the cause, it appearing that relator was not entitled to the writ and is dead.

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198 Ill. App. 474, 1916 Ill. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudnick-v-city-of-chicago-illappct-1916.

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