Seiter v. City of Covington

Opinion op the Court by

Van Sant, Commissioner

— Affirming.

Appellants are members of the Covington police department, and, in November and December, 1939, took examinations for promotions to higher positions in the department. Having failed to secure advancement they brought suit under the Declaratory Judgment Act, Civil Code of Practice, Section 639a — 1 et seq., seeking to have the appointments of the successful applicants set aside. The lower court sustained the demurrer to the petition and entered judgment for the defendants, from which order this appeal has been prosecuted.

Appellants…