KRAMER v. STATE Ex MOORE

OPINION

By SHERICK, PJ.

The remedy of mandamus is well recognized as the means to be employed by a classified civil service employee to determine his legal right to be restored to the office of which he claims to have been illegally dispossessed by his superior. And our courts have taken the position that a relator may question the constitutionality of an act that precludes him from the right which he claims in an action in mandamus. See State ex McKell v Robins, 71 Oh St, 273, 73 NE, 470, 69 L.R.A., 427, 2 Ann. Cas., 485. We therefore take the view that the Court of Common Pleas had…