Taylor V. Mcswain

The defendants in the case were the members of the Unemployment Compensation Commission, hereinafter called the commission; the members of the advisory committee on personnel of the commission, hereinafter called the committee; and the acting supervisor of merit examinations, hereinafter called the supervisor. The defendants demurred to the complaint specially on the grounds (a) that all persons who would be affected by the judgment had not been made parties plaintiff, and (b) that a declaratory judgment would not terminate the uncertainty nor controversy set up in the complaint; and also demurred generally on the ground that the matters alleged in the complaint did not constitute a cause of action against the defendants. The court overruled the general and special demurrers, and defendants electing to stand upon the demurrers, a declaratory judgment was rendered, interpreting and construing subdivision (d), supra, and the rules and regulations of the commission established thereunder, and granting certain affirmative relief to plaintiffs and all other persons of their class, whereupon this appeal was taken.