State ex rel. Rohrs v. Harris

Relator applied to the court below for a writ of mandamus to compel respondents as county commissioners of Nemaha county to approve his bond as deputy sheriff. The county board had made an order allowing the sheriff a deputy at a salary of $1,000 a year. There being a vacancy in the office of deputy, the sheriff filled it by the appointment of relator, who tendered a bond which the county board declined to approve, on the ground that the legislature had taken from the sheriff the appointing power. An alternative writ was issued, and the trial court overruled a demurrer thereto. Respondents…