Story v. Craig

The New York municipal civil service commission had this official classification of examiners in the competitive class: Examiners. Chief Examiner, Civil Service Commission. Yet, about July 6, 1909, defendant Murray, after a promotion examination, was appointed as “ Assistant Chief Examiner,” and on April 16, 1913, defendant May Upshaw, and on July 15, 1914, defendant Fuld, were likewise promoted as “Assistant Chief Examiners,” offices which, as the classification shows, did not legally exist. The subsequent action of the municipal civil service commission in December, 1917, in conferring on…