State, Ex Rel. Crabtree v. Eichelberger

OPINION

By MILLER, J.

This is an original action in mandamus brought by the State of Ohio, ex rel. Frank Crabtree against F. O. Eichelberger, who is City Manager and Director of Public Safety of the City of Dayton, Ohio.

The question of law involved in this action is presented by a demurrer to the answer. The facts essential to the consideration of the legal question presented may be very briefly stated.

On August 20, 1943, the relator, Frank Crabtree, was selected by the respondent from an eligible Civil Service list and appointed to the position of Captain in the Department of Safety, Division…