SHORT v. KISSINGER

No. 37109.

168 N.W.2d 917 (1969)

184 Neb. 491

Ona SHORT, Appellee, Cross-Appellant, v. Willard KISSINGER et al., Appellants, Cross-Appellees.

Supreme Court of Nebraska.

June 13, 1969.


Attorney(s) appearing for the Case

George D. McArthur, Hastings, for appellants.

William M. Connolly, David N. Shepherd, Hastings, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

The civil service commission of Hastings, Nebraska, in order to certify eligibles for fire chief, held an examination for original entrance, not for promotion. The highest scorer, an outsider, won the appointment, but a taxpayer challenged it in this mandamus action. After a trial the district court awarded peremptory mandamus. On appeal by respondents the question concerns authority for the examination.

For years no one held the rank of assistant...

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