Scott v. Flowers
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Cornish, J. It is claimed by the defendant in error that the act creating the Girls’ Industrial School at Geneva is unconstitutional. This ■ position is untenable. As has been often repeated, all acts of the legislature are presumed to be constitutional, and no act will be declared invalid unless plainly and irreconcilably in conflict Avith the constitution.
Read the full summary
Error to the district court for Lancaster county. Tried below before Cornish, J. It is claimed by the defendant in error that the act creating the Girls’ Industrial School at Geneva is unconstitutional. This ■ position is untenable. As has been often repeated, all acts of the legislature are presumed to be constitutional, and no act will be declared invalid unless plainly and irreconcilably in conflict Avith the constitution. Sutherland, Statutory Construction [1891 ed.], sec. 33; State v. Van Duyn, 24 Nebr., 586; State v. Bemis, 45 Nebr., 724; Plculer v. State, 11 Nebr., 547; Black,…
1Opinion of the CourtN or val, C. J.
In 1896 F. W. Scott filed a complaint in the county court of Lancaster county charging that Sarah Jane Flowers, a girl of fourteen years, was “incorrigible, and from lack of proper parental care and control is growing up in idleness and vice.” On this complaint she was, after examination and evidence taken by the county court, committed to the industrial school for girls at Geneva; said hearing being ex parte. Afterwards she was released, and by her next friend, Lucretia Flowers, commenced this action in the district court of Lancaster county against said Scott for damages, setting forth in…
2Cases cited2 opinions
- Filer v. SmithMichigan Supreme Court · 1893
- Kindred v. StittIllinois Supreme Court · 1869
3Cited by10 opinions
- Lane v. BallOregon Supreme Court · 1916
- Dillon v. Sears-Roebuck Co.Nebraska Supreme Court · 1934
- State v. McCoyNebraska Supreme Court · 1945
- Hunt v. Wayne Circuit JudgesMichigan Supreme Court · 1905
- Yekhtikian v. BlessingSupreme Court of Rhode Island · 1960
5 more not listed; retrieve them via the Exa API.