Redell v. City of Omaha

Ames, C.

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…