Ault v. Hurley

This is a petition for a writ of mandamus under G. L. (Ter. Ed.) c. 31, § 39. No oral testimony was heard. The case was submitted upon an agreed statement of facts, which in substance was a case stated. Frati v. Jannini, 226 Mass. 430.

The respondent stopped the pay of the petitioner as an employee of Fall River on the ground that he was illegally employed.

*177The point in issue is whether his employment in preference to Albert Nadeau and Michael Clarke, when there was a lack of funds to employ all three, was in violation of the seniority preference in the labor service provided by Civil Service…