Reilly v. Knapp

*566The opinion of the court was delivered by

Porter, J.:

The plaintiff is a commission clerk in the office of the secretary of state and brings this action in mandamus to compel the state auditor to issue a warrant for his salary for the month of July, 1919.

The plaintiff has been holding the position for several years, and since the enactment of the civil-service law of 1915 his position has been in the classified service. In January, 1919, L. J. Pettijohn, secretary of state, appointed as assistant secretary of state, D. 0. McCray, who is the father-in-law of the plaintiff. The auditor refused to…