State ex rel. Cuming County v. Shearer
Nebraska Supreme Court
Original application for mandamus. Expiration of term of office is not a defense (State v. Warner, 55 Wis., 271; People v. Collins, 19 Wend. [N. Y.], 56; People v. Treasurer, 37 Mich., 351; People v. Supervisors, 100 111., 332); even when, as in this case, the duty is a personal one (State, ex rel. Cressman, v. Barnes, 16 Neb., 37.) An action to recover back the. money is not an adequate remedy, such as will defeat mandamus. (High, Ex.
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Original application for mandamus. Expiration of term of office is not a defense (State v. Warner, 55 Wis., 271; People v. Collins, 19 Wend. [N. Y.], 56; People v. Treasurer, 37 Mich., 351; People v. Supervisors, 100 111., 332); even when, as in this case, the duty is a personal one (State, ex rel. Cressman, v. Barnes, 16 Neb., 37.) An action to recover back the. money is not an adequate remedy, such as will defeat mandamus. (High, Ex. Legal Remedies, sec. 35; State v. Dougherty, 45 Mo., 294, and cases.) The illegal action of the board in allowing the extra fees is no defense. (Supervisors v.…
1Opinion of the CourtMaxwell, J.
This is an original action brought in this court to enforce the performance of an alleged public duty. It is stated in the petition that:
“Your relator now is, and at all the dates hereinafter mentioned has been, a county of the state of Nebraska, duly organized and existing by virtue of the laws of said state, and the respondent, James W. Shearer, was, at a general election duly held in and for said county of Cuming, on the 3d day of November, 1885, duly elected to the office of county clerk of said county for the term of said office commencing on the 7th day of January, 1886, and terminating…
2Cases cited1 opinion
- State ex rel. Attorney General v. LeidtkeNebraska Supreme Court · 1881
3Cited by5 opinions
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- People ex rel. First National Bank of Hammond v. CzaszewiczIllinois Supreme Court · 1920
- State ex rel. County Commissioners v. BoydNebraska Supreme Court · 1896
- Dent v. Board of CommissionersWest Virginia Supreme Court · 1898
- Maurer v. State ex rel. Gage CountyNebraska Supreme Court · 1904