People ex rel. Tobin v. Knauber
New York Supreme Court
Motion .by the plaintiff for a peremptory' mandamus commanding the defendants, constituting the civil Service board of the city of Syracuse) to forthwith make and deliver to the common council of said city their certificate that the relator, Peter Tobin, has passed an examination for merit and fitness for the position of assistant custodian of the City Hall, pursuant to-the provisions of the Civil - Service Act; that he is an honorably 'discharged veteran .of the .late civil…
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Motion .by the plaintiff for a peremptory' mandamus commanding the defendants, constituting the civil Service board of the city of Syracuse) to forthwith make and deliver to the common council of said city their certificate that the relator, Peter Tobin, has passed an examination for merit and fitness for the position of assistant custodian of the City Hall, pursuant to-the provisions of the Civil - Service Act; that he is an honorably 'discharged veteran .of the .late civil war; that his rating for said position is the highest of any veteran on the eligible list, and that he is entitled to…
1Opinion of the CourtWright, J.
To fender a candidate eligible for appointment for the office in question, the • Constitution and Civil Service Laws fe- ■ quire him’to pass an examination for merit and-fitness for that office.
The civil service board examined the relator for merit'only, and gave him a rate of 47.95 on the scale of 50. His rate was the highest of the candidates. The board afterwards, without examining the relator for fitness for the office, doubled his rating for merit, and gave him that- mathematical result of 95.90, as his rating for merit and fitness. ’-
This arbitrary procedure is unwarranted. People ex…
2Cases cited1 opinion
- People ex rel. Drake v. Common Council of City of SyracuseNew York Supreme Court · 1899
3Cited by1 opinion
- State Ex Rel. Bonner v. District Court of First Judicial DistrictMontana Supreme Court · 1949