State Ex Rel. Lay v. Simpson

This appeal is prosecuted by the members of the civil service commission of the city of Seattle from a judgment in favor of John Lay, who, as a citizen and taxpayer of the city of Seattle, instituted a mandamus action to require the commissioners to select by promotional examinations eligibles for appointment to six vacancies in the classified service of the city of Seattle.

Appellants contend that, under the statute (Rem. Rev. Stat., § 1015) providing that the writ shall be issued “upon affidavit on the application of the party beneficially interested,” respondent can not maintain the action,…