Irwin

Petitioner was employed by defendant city as a police officer being certified as permanent employee under classified civil service in 1924. On October 27, 1930, the chief of police of said city issued a written order directed to petitioner removing him from his position for conduct unbecoming an officer in issuing several bad cheeks and failure to pay his debts. At 11 A. M. October 29, 1930, a copy of said order was left with petitioner’s wife at his residence. On October 30 or 31, 1930, petitioner talked with the assistant chief of police in police headquarters and was told by the latter that he was fired.

On May 24, 1932, petitioner filed his petition for writ of mandate herein asking $200 per month from date of discharge. An alternative writ was granted and upon hearing July 20, 1932, the trial court found that the service of notice of removal was insufficient, that petitioner was entitled to six months’ back pay totaling $1200 and to be restored to his position. A peremptory writ was thereupon issued. Petitioner has appealed, claiming he was entitled to $2,800 instead of $1200 back pay. Defendants have appealed, protesting the payment of any back salary and claiming that…