McCartney v. Johnston

Opinion by

Mr. Justice Barnes,

The question presented by this appeal involves the interpretation of Sections 8 and 15 of the Act of May 23, 1907, P. L. 206, regulating civil service in cities of the second class. The case was heard by the court below upon, a writ of alternative mandamus and the answer thereto. The answer admits all the averments of fact contained in the petition, in effect presenting an agreed statement of facts.

It appears that on March 11, 1935, Matthew McCartney, the plaintiff, a registered and qualified plumber, received a provisional appointment as a plumber for the City of…