Daly

Daly v. Otis

Good Law
1928 Cal. App. LEXIS 772·92 Cal. App. 242·267 P. 921
Court of Appeal of CaliforniaMay 29, 1928Docket No. 5909.California962 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendants to obtain a writ of mandamus commanding the defendants to draw a warrant in favor of the plaintiff in payment of an alleged pension. The defendant answered and a trial was had before the court sitting without a jury. The trial court caused a judgment to be entered in favor of the defendants and the plaintiff has appealed. He has brought up what purports to be the judgment-roll, but it contains no findings.

The city of Alameda is governed under a freeholders’ charter. (Stats. 1917, p. 1752.) That charter created the office of city manager. The city manager has the power to appoint a chief of police and subordinate police officers; to make rules and regulations for the government of the police department; and to remove by dismissal officers from the police department. (Art. 7, sec. 8.) It is provided in section 10 of the same article as follows: “Any charge brought by the city manager against a member of the police department or fire department who has been in the service of the city for five years at the time of the taking effect of this charter, which charge, if sustained, would warrant dismissal, shall be heard and…

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