Walkling v. Smith

I am not in accord with the opinion of Mr. Justice BUSHNELL.

Plaintiff protested his discharge and was refused reinstatement by the governor because the position he had held was abolished. If the position held by plaintiff was abolished then he is not entitled to reinstatement. Smith v. Flint City Commission, 258 Mich. 698;Owen v. City of Detroit, 259 Mich. 176.

It is claimed in behalf of plaintiff that he was never legally transferred to the position of telephone inspector and, therefore, the abolishment of that position has no effect upon his rights.

Plaintiff claims that he had no knowledge…