McDonald v. Fire Engineers

This petition as amended is for a writ of mandamus to compel the respondents, as members of the board of fire engineers of the fire department of the town of Clinton, to recognize the petitioner as a permanent member of the fire department of that town, to permit him to perform the duties incident to such office, and to require the respondent O’Connell, as treasurer of the town, to restore his name to the payroll of that department.

The case is reserved by a single justice upon the pleadings; and as the amended answer admits the facts stated in the petition, the question of law presented is,…