Coffey

These proceedings for writs of mandate were brought by plaintiffs to compel defendants, in their official capacity, as the mayor and city council of the city of Eureka, to abstain from refusing to permit plaintiffs to perform their duties as policemen of the said city of Eureka, and to abstain from refusing to permit them the use, enjoyment and emoluments of said offices. Upon the hearing of the said matters judgments were rendered for defendants, and from these judgments plaintiffs have appealed. The plaintiff Harry E. Abers having dismissed his appeal, the cases of plaintiffs. Coffey and Ward were consolidated for the purposes of this appeal.

Appellants were duly appointed and acting policemen of the said city of Eureka, and on Saturday, February 2, 1929, at about the hour of 3 o’clock P. M. of that day, a special meeting of the said city council was held, and an ordinance was passed removing appellants from said offices as policemen of said city, upon the ground that such removal was for the improvement of the public service. This removal was made without notice to appellants and without a hearing.

Appellants contend that they should have been given the opportunity of being…