Dewoody, Dir. of Law v. Underwood

OPINION

By WASHBURN, PJ.

This is an action for a declaratory judgment as to the rights and status of Leonard M. Bertsch in reference' to the position of civil service commissioner of the city of Akron, Ohio.

The trial court determined that Leonard M. Bertsch is not a member of said civil service commission, and the controversy is before this court upon Leonard M. Bertsch’s appeal on questions of law.

The facts are not in dispute.

The térm of Aldrich B. Underwood as a member of said commission expired on December 31, 1939, and, as provided by the charter, only a Democrat could be selected to…