Rexford v. Miller

On March 18, 1931, petitioner occupied the position of assistant investigator in the department of public welfare in the city of Schenectady. She had obtained this position after a competitive examination. On the date in question she was discharged from the service by respondent’s predecessor without written charges and without a hearing. Thereafter she instituted proceedings in which she sought a peremptory order of mandamus directing her reinstatement. An alternative mandamus order was granted on April 19, 1931. Thereafter, by consent of the parties, the issues were referred to a referee.…