State Ex Rel. Smith v. Witter

The relator knew that he was removed by the director on March 3, 1923; he also knew that the civil service commission, during the period of the controversy between it and the director, insisted that the relator was entitled to his official tenure until discharged according to the provisions of the civil service law. The director and the relator both were definitely advised of that fact on April 5, 1923. Although the dispute between the director and the commission continued until the midsummer of that year, the relator could have brought his action for restoration, under the facts developed,…