State v. Omaha National Bank
Nebraska Supreme Court
Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state.
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Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state. Section 1 of article 12 of the constitution of 1875 forbade the contraction of a debt in excess of $100,000, with exceptions named, none of which concern the matter in hand; but it was impossible that this section could impair the obligation of an existing contract, because of a prohibition of clause 1, section 10, of article 1 of the…
1Dissent
Hastings, C.,
dissenting.
Tbe writer, with the utmost regret, finds himself nnable to agree with the conclusions of the learned commissioner to whom this cause was assigned. This regret is increased by a thorough knowledge of the pains and conscientiousness with which he has considered and investigated the case, and, still further, by the polith al aspect which it has borne since its inception. The result, however, of the most careful investigation which the writer has been able to bestow upon it, is all that can be given.
On this third appearance of the cáse, the state of facts differs in only…
2Cases cited13 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
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