Milliken v. Menser

To review a judgment, making peremptory an alternative writ of mandamus sued out by defendant in error, after motion for a new trial was 'dispensed with, this writ is prosecuted by plaintiffs in error who were defendants in the trial court.

Prior to June 18, 1918, Menser, the petitioner, served in the police department of the City and County of Denver as a provisional police surgeon. On that date, the secretary of the civil service commission submitted an eligible list of three to the manager of safety and excise, for the position of police surgeon. The petitioner was third on the list. June…