State, Ex Rel. Kelley v. Hill

This is an action in mandamus originating in this court, in which the relator, Elmer Kelley, prays for an order requiring the respondents, the city manager, the chief of police, auditor and members of the civil service commission of the city of Washington Court House, Fayette county, Ohio, to recognize the relator as the lawful incumbent to the position of city patrolman, and to assign him to duty as such.

The controlling facts are not in dispute and, for the most part, have been stipulated.

In 1943, the relator became city patrolman under a provisional appointment. He continued in that…