State Ex Rel. Emmons v. Guckenberger

The first question raised by the respondent in the first case alone is the legal capacity of the relators to sue. The complete answer to this contention is that it has been waived by failure to raise the issue by a demurrer or in the answer. Section 11311, General Code; 30 Ohio Jurisprudence, 813.

It is next contended by the respondents that the relators are without authority to conduct a survey to determine whether positions are within the classified civil service. As a basis for the determination of this and the remaining questions, it is necessary to carefully note the broad and mandatory…