Legal Opinion

State ex rel. Churchill v. Hay

Nebraska Supreme Court

Decided June 18, 1895No. 7767PublishedCited by 16 opinions

Original action in the nature of quo warranto, on the relation of the attorney general, to determine which of the respondents is entitled to hold the office of superintendent of the hospital for the insane at Lincoln. The facts are stated in the opinion. The power exercised by the governor in hearing charges against respondent Hay and in removing him from office was administrative and not judicial.

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Original action in the nature of quo warranto, on the relation of the attorney general, to determine which of the respondents is entitled to hold the office of superintendent of the hospital for the insane at Lincoln. The facts are stated in the opinion. The power exercised by the governor in hearing charges against respondent Hay and in removing him from office was administrative and not judicial. (State v. Hawkins, 44 O. St., 98; State v. Oleson, 15 Neb., 247; Minkler v. State,. 14 Neb., 181; State v. Supervisors of Saline County, 18 Neb., 422; State v. Sheldon, 10 Neb., 453.) The governor…

1Opinion of the CourtPost, J.

This is an original proceeding in the nature of a qua warranto, on the relation of the attorney general, under the-provisions of section 714 of the Civil Code, for the.purpose of determining which of the respondents is entitled to the office of superintendent of the hospital for the insane at Lincoln. The questions we are called upon to decide are all presented by the pleadings of the respondents, hence further reference to the information will not be required in this opinion. It. appears from the pleadings that the respondent Hay, hereafter referred to as Dr. Hay, was by Hon. Lorenzo…

2Cases cited11 opinions

  1. Donahue v. County of WillIllinois Supreme Court · 1881
  2. Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
  3. Keenan v. PerryTexas Supreme Court · 1859
  4. State v. McGarryWisconsin Supreme Court · 1867
  5. State ex rel. Attorney General v. DohertySupreme Court of Louisiana · 1873

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3Cited by16 opinions

  1. State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
  2. People v. ShawyerWyoming Supreme Court · 1924
  3. State ex rel. Topping v. HoustonNebraska Supreme Court · 1913
  4. Holmes v. OsbornArizona Supreme Court · 1941
  5. State Ex Rel. Beck v. YoungNebraska Supreme Court · 1951

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