State Ex Rel. Brewer v. Smith

The question of law presented by. the record in this case is whether, when the names of four or more persons stand upon an eligible list for appointment to a designated position in the classified service and number three of those certified from such list by the state Civil Service Commission for such appoint ment waives his right to such appointment in favor of number four but withdraws such waiver prior to the certification of the name of number four, the Civil Service Commission will be required by a writ of mandamus to certify the name of number four for such appointment.

Mandamus may be…