Saporito v. Kirk

The relator has a rule to show cause why a writ of mandamus should not issue directing the respondents to reinstate him in the position of shop superintendent of the water department of the town of Kearny.

Tinder the rule depositions have been taken and from them it appears that one McPeck had for several years and until his death in September, 1935, performed duties in the town *370under the title of superintendent of the water department. On December of that year the relator was directed to report to the water department to assume the position occupied by McPeck and to perform its duties. This…