State ex rel. Thayer v. Boyd
Nebraska Supreme Court
Original proceeding in nature of quo warranto. The naturalization of Joseph Boyd, the father, in 1890 did not make respondent a citizen. (Dryden v. Swinburne, 20 W. Ya., 89; State v. Adriano, 92 Mo., 70; Gumm v. Hubbard, 97 Id., 311; State v. Penney, 10 Ark., 621; O’Connor v. State, 9 Fla., 234; U. S. v. Keller, 13 Fed. Rep., 82; Heney v. Brooklyn, etc., Soc., 39 N. Y., 333, 335-6.) He could not become a citizen by relation. (In re Robert Desty, 8 Abb.
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Original proceeding in nature of quo warranto. The naturalization of Joseph Boyd, the father, in 1890 did not make respondent a citizen. (Dryden v. Swinburne, 20 W. Ya., 89; State v. Adriano, 92 Mo., 70; Gumm v. Hubbard, 97 Id., 311; State v. Penney, 10 Ark., 621; O’Connor v. State, 9 Fla., 234; U. S. v. Keller, 13 Fed. Rep., 82; Heney v. Brooklyn, etc., Soc., 39 N. Y., 333, 335-6.) He could not become a citizen by relation. (In re Robert Desty, 8 Abb. New Cases [N. Y.], 250; Dryden v. Swinburne, and Heney v. Brooklyn, eta., Soc., supra.) Respondent being ineligible, the election was void and…
1DissentMaxwell, J.
Leave was given the relator to file an information in his own behalf in an action of quo warranto, to determine his right to continue in the office of governor of the state of Nebraska from the first Thursday after the first Tuesday in January, 1891, for the period of two years, upon the alleged ground that the defendant was not a citizen of the United States for two years prior to the election in November, 1890, and, therefore, not eligible to the office of governor of the state.
The court in making the order allowing the relator to file his information, qualified it so as to permit the…
2Cases cited8 opinions
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- Attorney General ex rel. Conely v. Common CouncilMichigan Supreme Court · 1889
- Cryer v. AndrewsTexas Supreme Court · 1853
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