State ex rel. Boyes v. Civil Service Commission

Ohio Supreme Court

State ex rel. Boyes v. Civil Service Commission

169 Ohio St. (N.S.) 63

CourtOhio Supreme Court

DecidedMarch 25, 1959

DocketNo. 35973

StatusPublished

This text of 169 Ohio St. (N.S.) 63 (State ex rel. Boyes v. Civil Service Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Boyes v. Civil Service Commission, 169 Ohio St. (N.S.) 63 (Ohio 1959).

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Opinion

Per Curiam.

The record discloses that a one-year service requirement to take the subject promotional examination and to take prior promotional examinations in the department of police had been established by the respondent by individual and specific actions rather than by general rule. Such requirement, clearly, was not an abuse of discretion on the part of the respondent, in the light of the provision of Section 143.34, Revised Code, that “no person in the police department shall be promoted to a position in a higher rank who has not served at least 12 months in the next lower rank. ’ ’

The Court of Appeals was not in error in holding that relator has not shown a clear legal right to the issuance of the writ, and its judgment is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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Per Curiam.

The record discloses that a one-year service requirement to take the subject promotional examination and to take prior promotional examinations in the department of police had been established by the respondent by individual and specific actions rather than by general rule. Such requirement, clearly, was not an abuse of discretion on the part of the respondent, in the light of the provision of Section 143.34, Revised Code, that “no person in the police department shall be promoted to a position in a higher rank who has not served at least 12 months in the next lower rank. ’ ’

The Court of Appeals was not in error in holding that relator has not shown a clear legal right to the issuance of the writ, and its judgment is affirmed.

Judgment affirmed.

Weygandt, C. J., Zimmerman, Stewart, Taet, Matthias, Bell and Herbert, JJ., concur.

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Bluebook (online)

169 Ohio St. (N.S.) 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-boyes-v-civil-service-commission-ohio-1959.