80 Neb. 178 | Neb. | 1907
Tlie plaintiff filed with tlie mayor and council of tlie city of Omalia a demand for compensation as chief of the fire department of that city during a time in which he claims to have been a de jure incumbent of that position, although it was in fact held by another who performed the service and received the salary pertinent thereto. The mayor and council rejected the claim, and an appeal to the district court resulted in a judgment of dismissal, from which an appeal is prosecuted in this court.
The plaintiff asserts his right to the salary as an incident to the de jure title, and the argument “upon the merits” in this court has been confined principally to a discussion of that proposition. But we doubt whether a chief of a fire department is an officer within the meaning of the rule invoked, or whether he is not more properly regarded as a municipal employee, to whom other principles are more applicable. This question has not, however, been discussed by counsel, and, in our view of the case, does not require present decision.
The city charter contains the following enactment: “No
We are satisfied that the judgment of the district court is right, and recommend that it be affirmed.
By the Court: For the reasons stated in the foregoing-opinion, the judgment of the district court is
Affirmed.