Roberts v. People Ex Rel. Duncan

By mandamus, the defendant in error Duncan sought to compel the payment of salary claimed to he due him as commander of the Soldiers’ and Sailors’ Home. The trial court awarded him a peremptory writ. The plaintiffs in error seek a reversal of the judgment. The defendant in error Duncan will be referred to as the plaintiff, and the plaintiffs in error as the defendants.

The government of the home is vested in a commission. The commission has power to appoint the commander of the home and fix his salary. C. L. sections 692, 698. On June 13,1925, there was a vacancy in the office of commander,…