State ex rel. Shaw v. Rosewater

The district court for Douglas county denied the application of relator for a peremptory writ of mandamus, requiring the respondent to give him possession of the office of city engineer of the city of Omaha and of the records of said office. The relator has appealed to this court.

His claim to the office rests upon an election thereto by the city council without the concurrence of the mayor. Mr. Eosewater, the respondent, Avas duly appointed to that office in 1903 for the term which is fixed by statute at three years. His term of office under this appointment ended on the 3d Monday after the…