State, Ex Rel. Burns v. Ross

Petitioner has invoked the original jurisdiction of this court by a petition in quo warranto to test the legality of the respondent’s position as Chief of Police of the city of Niles. He asks that the respondent be ousted from the position and that he be inducted therein.

A competitive promotional examination for this position was held on May 24, 1957. The only eligible parties to be admitted to this examination were Sergeant Andrew Torieilo, the relator, Russell Burns, and the respondent, John Ross.

The examination consisted of twenty questions under the heading, “Written Questions and…