Jensen

Jensen v. Civil Service Commission

Good Law
1935 Cal. LEXIS 548·4 Cal. 2d 334·49 P.2d 283
Supreme Court of CaliforniaSeptember 20, 1935S. F. No. 15277California514 words

Opinion

Lead Opinion

Langdon, J.

This is an action to enjoin respondents from canceling a register of names of persons eligible for civil service positions as policemen in the city and county of San Francisco.

In 1928, the Civil Service Commission conducted examinations, and a number of successful persons, including plaintiffs, were on September 25, 1928, placed in a list of eligibles. On January 8, 1932, a new charter went into effect in San Francisco. Under both the old and new charters, the commissioners were given power to strike the names of candidates from the register after they had remained thereon more than two years; and the new charter further provided that all names “shall be removed at the expiration of four years”. After the adoption of the new charter the commissioners indicated an intention to remove names from the list, and one Veston D. Williamson sued to enjoin this action. From a judgment in his favor, rendered on March 7, 1933, the commission appealed, but while the same was pending Williamson was appointed to the position he sought, and the appeal was, pursuant to stipulation, dismissed. By virtue of a further stipulation, the trial court set aside its judgment granting an injunction, and…

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