Falcey v. Civil Service Commission

The opinion of the court was delivered by

Francis, J. A. D.

A vacancy having arisen in the position of chief probation officer of Mercer County, a County Court judge promoted Lewis A. Marshall to fill it. The promotion was made without competitive examination and it was later approved by the Civil Service Commission. Appellant, a probation officer of the county, attacks the validity of the action as discriminatory, contending that the appointment should have been made only after competitive examination.

The facts appear to be undisputed. Lewis A. Marshall was appointed assistant probation…