#### Benjamin P. Birch, Defendant in Error, v. City of Chicago et al., Plaintiffs in Error.

Gen. No. 23,941.

(Not to he reported in full.)

Error to the Circuit Court of Cook county; the Hon. John J. Gibbons, Judge, presiding. Heard in this court at the March term, 1918.

Reversed.

Opinion filed June 10, 1918.

Statement of the Case.

Petition by Benjamin P. Birch, against the City of Chicago and others, defendants, for a writ of mandamus to compel the restoration of his name to the pay roll of patrolman in the police department of the City of Chicago. To reverse a judgment that the writ issue, defendants prosecute this writ of error.

Samuel A. Ettelson, for plaintiffs in error; Roy S. Gaskill, of counsel.

*405Abstract of the Decision.

Civil service, § 27 * — what must he shown to warrant issuance of writ to compel restoration to office. One seeking a writ of mandamus to compel his restoration to a municipal office must show the legal existence of the office sought, and if it does not appear that there is an ordinance creating the office, the writ will not issue.

Allen B. Chilcoat and Robert D. Melick, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McSurely

delivered the opinion of the court.