Delorey

Motion by respondents to recall remittitur and to strike therefrom the provision that “appellant recover his costs of appeal” and insert instead thereof the direction that “respondents recover their costs of appeal”.

The judgment herein was on appeal (Delorey v. Board of Public Works, 110 Cal. App. 362 [ 194 Pac. 479 ]), modified by an instruction to the lower court to issue its mandate directing respondents to pay the amount of $200 to appellant for salary accruing between the date he was removed from office by the mayor of Los Angeles and the date such removal was assented to by the city council, this court-having held that the act of removal, while in the discretion of the mayor, was not complete until such assent was given. No issue was raised in the trial court as to such amount being due appellant. Respondents admitted that it was due, but appellant contended that the mayor had no jurisdiction to summarily remove him from office and in consequence that he was entitled to the entire month’s salary. Petition by appellant for a hearing in the Supreme Court was denied February 9, 1931, and on February 13th the remittitur was issued by the clerk of this court to the court below…