Board of Public Instruction v. Civil Service Board

TYRIE A. BOYER, Circuit Judge.

This cause was heard on a petition for writ of certiorari to the several persons constituting the civil service board of Duval County. That board will be hereafter referred to as “the civil service board”, or as “respondent”. The petitioner is the board of public instruction of Duval County, which will hereinafter be referred to as “the board of instruction” or as “petitioner”. The civil service board has moved to dismiss or quash the petition for writ of certiorari.

The factual background of the case is simple. On August 1, 1961, James D. Smith, hereinafter…