Gilbert v. Civil Service Commission

This is an original proceeding in mandamus instituted in the superior court to compel the defendants, constituting the Civil Service Commission of the city and county of San Francisco, to restore petitioner’s name to a place upon the register of candidates eligible to appointment to the position of ordinary clerk in the classified service of the city and county. A demurrer to the amended petition having been sustained and the petitioner having failed to further amend, the court rendered judgment in favor of the defendants. From this judgment petitioner prosecutes this appeal.

From the petition it appears that after an examination held for that purpose the Civil Service Commission prepared a register of candidates for appointment to the position of ordinary clerk and that petitioner’s name was placed upon said register on the twenty-first day of June, 1909; that at divers times between said date and the second day of August, 1921, the petitioner, after due certification therefor, held various temporary or seasonal positions as ordinary clerk under various civil departments and offices of the municipality; that on the fifteenth day of July, 1921, the Civil Service Commission…