Clay v. Civil Service Commission

The opinion of the court was delivered by

Parker, J.

This is a. certiorari sued out by the incumbent of the office or position of health officer of Paterson, -whose aim is to set aside a decision or order of the civil service commission, directing that J. Alexander Browne, one of the defendants, “be reinstated to the position of health officer, from which he has been illegally ousted.”

It is thus manifest that the title to an office or position is involved; and the point is. made at the outset, that certiorari is not the proper remedy. If the subject of dispute is a “position,” certiorari is…