Daggett

This is an appeal from a judgment of dismissal entered following an order of the trial court sustaining respondent’s demurrer without leave to amend.

On June 24, 1934, the then Controller of the State of California duly appointed William F. Daggett, Jr., to the position of inheritance tax appraiser for the county of Los Angeles. Daggett retained that position until approximately June 1, 1959, when he was dismissed by respondent, the present Controller. Shortly thereafter, Daggett filed a petition for writ of mandate by which he sought to be reinstated to his position as inheritance tax appraiser and to recover compensation allegedly lost by reason of his discharge. The foundation of this petition rested upon the theory that as of November 6, 1934, he became an employee of the State of California under the provisions of article XXIV of the Constitution of this state. He therefore claimed that he had permanent civil service status, and hence could not be dismissed except for cause and in accordance with the appropriate provisions of the Government Code. The trial court found against him and this appeal followed. Subsequent to the filing of the appeal, Dag-get died and the appeal…