McLaughlin v. Board of Supervisors of Clinton County

On December 31, 1938, the plaintiff and appellee John J. McLaughlin, an honorably discharged veteran of the World War, made written application to the board of supervisors of Clinton county for the position of day janitor in the county courthouse. The board, on January 3, 1939, appointed Hans J. Dierks, a non-veteran, to that position, he receiving the vote of two of the supervisors, Ehlers and Mommsen, while the third supervisor, Witte, voted for a third candidate not a party to this proceeding.

On January 20, 1939, plaintiff filed petition for writ of mandamus, and later an amendment, in…