State Ex Rel. Hall v. Bratsberg

This is a mandamus proceeding brought pursuant to the provisions of section 4 of chapter 188, Laws 1935. Some five or six different parties, of whom W. S. Mitchell, plaintiff in intervention, was one, applied to the Board of County Commissioners of Sanborn County for appointment as county superintendent of highways. Mitchell received the appointment.

All of said applicants except Mitchell are honorably discharged soldiers of the World War and claim that chapter 188, Laws 1935, gives them a preference right to the appointment. After the appointment was made, plaintiff instituted this proceeding…