Edell v. McDermott

The rule calls on respondent to show cause why mandamus should not issue requiring him to appoint a clerk of his court from the eligible list provided by the civil service commission.

What relator manifestly desires is not that the office shall be filled, but that he be appointed to fill it, his name standing first on the list of three eligibles as a disabled veteran. In fact, this is the only status that he appears to have in the matter, for a status as a citizen and taxpayer does not seem to be suggested.

The explanation made by respondent for his refusal to appoint relator is that he…