Malloy v. Mayor of Peabody

This is a petition for a writ of mandamus directing the respondents, the mayor and the commissioner of public works of the city of Peabody, to restore the petitioner to the position of laborer in the department of public works of that city. The case was referred to an auditor who reported his findings to the court. The single justice *111ordered the petition dismissed and denied the petitioner’s requests for rulings. The auditor found that the petitioner was “appointed” as a laborer in the water department of the city in October, 1924, “without consideration of Chapter 31 of the General Laws…