# State Ex Rel. Marshall v. Civil Service Commission

> Ohio Court of Appeals · August 1, 1967 · 11 Ohio App. 2d 84

URL: https://www.frixlaw.com/law-library/cases/3710679

## Case

- **Full name:** The State, Ex Rel. Marshall, Appellant, v. Civil Service Commission of Columbus, Ohio, Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** August 1, 1967
- **Citations:** 11 Ohio App. 2d 84; 40 Ohio Op. 2d 243; 228 N.E.2d 913; 1967 Ohio App. LEXIS 416
- **Precedential status:** Published
- **Opinion:** Concurrence by Troop
- **Judges:** Duffy, Troop, Dtjpfy, Brown, Tenth
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3710679

## Opinion text

Troop, J. (Presiding), and Duffy, J.,
concurring. We concur in the result reached in the foregoing opinion and support the directive order requiring the grading and rating of relator’s paper, for the reason that the Civil Service Commission never acted upon his application, one way or another; therefore, there was no final order from which relator could appeal making mandamus a proper remedy. Furthermore, the civil service rule, as announced, requires only “six months of continuous accredited service as permanent appointees ” as a qualification for eligibility and not service in the next lower grade which was the basis of the rejection of relator’s application by the commission’s personnel officer.
BrowN, J., of the Sixth Appellate District, sitting by designation in the Tenth Appellate District.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3710679. Public record. Not legal advice.