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State ex Rel. v. Wichert

Supreme Court of Ohio
Feb 25, 1953
159 Ohio St. 50 (Ohio 1953)

Summary

In Baker, supra, the court held that the relatrix, a clerk in an office of the city of Cuyahoga Falls, who had never taken a civil service examination, either competitive or noncompetitive, had no standing as a civil service employee, and was not entitled to the benefits and protection of the civil service law.

Summary of this case from State, ex Rel. Alford, v. Willoughby

Opinion

No. 33269

Decided February 25, 1953.

Civil service — Examination necessary prerequisite to standing in classified service — Person employed without examination, later discharged — Mandamus not available for restoration to position.

APPEAL from the Court of Appeals for Summit county.

On October 16, 1950, relatrix was employed as clerk in the engineering department of the city of Cuyahoga Falls. The record does not disclose by whom she was employed. Prior to or during relatrix's period of employment, she did not take a competitive examination and none was held for that position. Neither is it shown by the record that she took a noncompetitive examination for a provisional appointment. On January 31, 1952, relatrix's services were terminated by respondents without any reason therefor being given, and without charges being filed against her.

Relatrix instituted an action in mandamus in the Court of Appeals, seeking a writ ordering respondents to restore her to her former position as clerk in the engineering department, contending that, although the position was never specifically classified, she became entitled to the benefits and protection of the Civil Service Act, and that inasmuch as she was removed without charges being preferred against her she was wrongfully discharged and should be reinstated. The answer, to which no reply was filed, denies that relatrix was ever a classified civil service employee.

The Court of Appeals denied the writ.

An appeal as of right brings the cause to this court for review.

Mr. Nelson Hovey, for appellant.

Mr. Donald F. Kepple, city solicitor, for appellees.


A person who has never taken a civil service examination, either competitive or noncompetitive, has no standing as a civil service employee and is not entitled to the benefits and protection of the civil service law. Relatrix has not established a clear legal right to a writ of mandamus requiring restoration to her former position. State, ex rel. Lynch, v. Taylor, Dir., 136 Ohio St. 417, 26 N.E.2d 207.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C.J., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.


Summaries of

State ex Rel. v. Wichert

Supreme Court of Ohio
Feb 25, 1953
159 Ohio St. 50 (Ohio 1953)

In Baker, supra, the court held that the relatrix, a clerk in an office of the city of Cuyahoga Falls, who had never taken a civil service examination, either competitive or noncompetitive, had no standing as a civil service employee, and was not entitled to the benefits and protection of the civil service law.

Summary of this case from State, ex Rel. Alford, v. Willoughby
Case details for

State ex Rel. v. Wichert

Case Details

Full title:THE STATE, EX REL. BAKER, APPELLANT v. WICHERT, MAYOR, ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: Feb 25, 1953

Citations

159 Ohio St. 50 (Ohio 1953)
110 N.E.2d 771

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