State ex rel. Benest v. McNeill

Among the candidates for county assessor of Greenwood county were two who were entitled to the benefit of the veterans’ preference law. *235(Laws 1907, ch. 374, §1, Gen. Stat. 1909, §7879.) The county commissioners appointed D. S. McNeill, who was not a soldier. This action is brought by the state against McNeill to remove him from office upon the ground that his appointment violated thé statute referred to. The commissioners were made defendants at their own request.

Evidence has been introduced tending to show that each of the old soldier candidates was entirely competent to perform the duties…