State Ex Rel. Wolcott v. Celebrezze

In support of his answer the respondent contends that he has pleaded facts which show there is no vacancy in the rank of deputy inspector to which the relator can be promoted.

It is admitted that the ordinance of August 31, 1942, increased the number of deputy inspectorships from eight to ten. The respondent alleges that the two newly created positions were filled as of September 1, 1942. Hence, he insists that there is no vacancy to which the relator can be promoted. The relator’s response to this is that in making the two appointments the respondent acted in violation of law and that…