State Ex Rel. Gray v. King

This is an appeal from an order dismissing petitioner's complaint on the grounds, (1) the complaint failed to state a claim; (2) the complaint failed to show that the action was prosecuted by the real party in interest. We affirm.

When a vacancy occurred in the job of Captain, Birmingham Fire Department, it was filled according to rules and provisions governing the county-wide civil service system. In competing for the job, John R. Lewis finished first, and Joseph D. King finished second. The identity of the person finishing third is not shown in the record. These three names were certified to…