King v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. Frank Eichelberger, Judge. Plaintiff was applicant for the position of street commissioner in the city of Ottumwa in April, 1905, but Andy Hill received the appointment. Thereupon plaintiff instituted suit in mandamus praying that the office be declared vacant and the city council be compelled to appoint him thereto.
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Appeal from Wapello District Court. — Hon. Frank Eichelberger, Judge. Plaintiff was applicant for the position of street commissioner in the city of Ottumwa in April, 1905, but Andy Hill received the appointment. Thereupon plaintiff instituted suit in mandamus praying that the office be declared vacant and the city council be compelled to appoint him thereto. Issues were joined, but on October 16, 1905, a compromise was effected, in pursuance of which plaintiff was appointed to the position under the soldiers’ preference law. See section 1056al5, Code Supp. 1907 (30th General Assembly,…
1Opinion of the CourtLadd, J.
Section 651 of the Code provides that, “in cities of the first class, the council at its first meeting after the biennial election, shall appoint ... a street commissioner.” This, in effect, fixed the term of such officer for two years, for at the end of that time the power of appointment is expressly conferred. Upon the ■resignation of one Hill as street commissioner of the city of Ottumwa, the plaintiff was appointed in his stead October 16, 1905, and continued in the discharge of his ■duties until the first meeting of the council after the biennial election in April, 1907, when, one Henry…
2Cases cited1 opinion
- Kitterman v. Board of SupervisorsSupreme Court of Iowa · 1909
3Cited by1 opinion
- Sorenson v. AndrewsSupreme Court of Iowa · 1936