| Show POLICEMEN GET r BACK SALARIES Supremo Court Decision In Case of Evcrlll vs Swan LOWER COURT AlHltMKI rIIlr isis Affiramilob Ir Varicose tooptroluaVoth11 1 IIIIIIF I 1 111cao Th Supreme court deliver an copies Ion today In the come ot Tlrumaa J verlll Y George Swan city audio ot Mall Used Lily appellant affirming ihe Judgment of the Third district urt lion A N Cherry judge Curl In behalf of hlmeett Oeoige I Italelgh nilhard L Mtutnofl Matt Shoals Frank V Wire William F Carey Joseph A Iluiby and Horaco A Heath petitioned the dlelrlct court to a writ of Mandamus directed against Auditor Swan ti compel the payment of nm alleged t bo due Hvtrlll n1 I the Woven Others nn account of lalary M pnlkemtn for the month n August September and Ck toiler Un and for the tint twenty live daya ot November IIH 1 the matters sending tl thOw II Iht In flit oarll to tile smalarY li tit lye recovered waa alleged 11 we also i eel out that f Night men were Plainness Itocharged by Chief limit The validity of the ordinance tomy1111119 far the payment of Hlariea WAN 1 out demand for the aalarIM of tie eight men the appointment of Others to act In their faced and their alleged Illegal removal The Million alo review the Mallory of nerll plltoll rawo hln the Su priolithe court mrmod the Judgment of the trial court thartaby deciding that he find were entitled to tn sum of II 419 No claimed l to It due tot talarlea from the Ulh ot May IIM lo August 1 IIM The utawer of City Auditor Swan ad rallied the allimllun but an vioepllon voAs taken to a few of petitioner I lenal concluel When the MM cam up for argument before Judge Cherry ebunarl for verlll moved to strike out 1 tit animiallvt alecall na In tht answer on the itrvund that they were Immaterial anl Irrelnant and moie1 for judgment Upon tile plMdlnira Ih mollona were Cranial n judgment rendered In favor n Levels ami the then 1 rum this Judgment tht city tPhrealolod1roin ppeAlwL vrlL The Supreme court nn li that the for mr action of verlll anl tin seven there li I almost Identical with the cam at bur and the defense now tot up could readily have been l pet forth In the first action Commenting on this poll tile court Pays 1 They could hardly b held lo bay abandoned In this caw that which h court held In the former oant they were orally 1 enlllle l to hold and did hold Tit court floods no error o > mmltle < l b ly the trial court and henot affirm tile n jU The e inlan a J IN I hy Justice Minfor Anti so 0ncu1 In fly ht Justice lath will Justice Stalk n |
