Landtbom

The plaintiff was a member of the fire department of San Francisco. He was served with written charges of misconduct and with a notice of the trial of the charges before the defendant board. A trial was had. Witnesses were called, sworn and examined and later the defendant board rendered its decision finding the plaintiff guilty as charged and entered an order dismissing him from the department. On September 24, 1917, the plaintiff applied to the trial court for a writ of review. A return on said writ was not filed until August 30, 1927. Shortly after the return was filed the plaintiff made a motion for judgment based on the return. The motion was granted and a judgment in favor of the plaintiff was entered. From that judgment the defendants have appealed and have brought up a typewritten record.

The plaintiff claims that the charge placed against him was not proved by competent evidence. The return purports to contain a copy of “The Journal of the Proceedings of the Board of Fire Commissioners,” which purports to contain some of the evidence taken by the defendant board, but it likewise appears that it does not contain all of the evidence. When the return was made it showed on…