Legal Opinion

McDonald v. Nebraska

Court of Appeals for the Eighth Circuit

Decided March 19, 1900No. 1,336PublishedCited by 80 opinions

. In. Error to. the Circuit Court of the United States for the District of. Nebraska. The state of Nebraska, by and through her state treasurer, deposited in the Capital National Bank of Lincoln, Neb., in money which belonged to the state, the sum of $285,351.85, and took from the bank certificates of deposit for the sum, payable to the state treasurer in his official capacity. The incumbent of the office of treasurer of state was changed from time to time.

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. In. Error to. the Circuit Court of the United States for the District of. Nebraska. The state of Nebraska, by and through her state treasurer, deposited in the Capital National Bank of Lincoln, Neb., in money which belonged to the state, the sum of $285,351.85, and took from the bank certificates of deposit for the sum, payable to the state treasurer in his official capacity. The incumbent of the office of treasurer of state was changed from time to time. On the 16th day of January, 1893, the then state treasurer returned to the bank the certificates of deposit for the money of the state…

1Opinion of the Court

CALDWELL, Circuit Judge,

after stating the case as above, •delivered the opinion of the court.

The indisputable facts having relation to the merits of this case are: That the state of Nebraska, by her treasurer, deposited in the ’Capital National Bank of Lincoln, Neb., money of the state amounting to the sum of $285,351.85. There is no pretense that this deposit .was not made, or that it was not the money of the state. There is no pretense that the bank ever paid this money back to the state, or to any officer of the state, or to any person whomsoever, except the .sum of $48,990.02; and there…

2Cases cited60 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Richmond v. IronsSupreme Court of the United States · 1887
  4. Kennedy v. GibsonSupreme Court of the United States · 1869
  5. Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876

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3Cited by80 opinions

  1. Rosier v. Garron, Inc.West Virginia Supreme Court · 1973
  2. Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
  3. Whitson, Admr. v. T.C. Ry. Co.Tennessee Supreme Court · 1931
  4. Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
  5. Hargadine-McKittrick Dry Goods Co. v. HudsonCourt of Appeals for the Eighth Circuit · 1903

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