People v. McCallum
Nebraska Supreme Court
This was an information filed in the District Court of Otoe county, to try the right of the defendant to exercise the duties of clerk of the said court.
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This was an information filed in the District Court of Otoe county, to try the right of the defendant to exercise the duties of clerk of the said court. The information was as follows : * “And now comes O. B. Hewett, prosecuting attorney for the First Judicial District of the State of Nebraska, comprising the county of Otoe, and at the relation of Guy A. Brown, exhibited to this honorable court an information in, the nature of a quo warranto, and states that one George R. McCallum, the defendant, has usurped, invaded, and intruded into, and unlawfully holds and exercises the office of clerk…
1Opinion of the CourtCrounse, J.
The grounds, mainly upon which the denial of McCallum’s right to exercise the duties and receive the emoluments of clerk of the District Court of Otoe county, is placed, are :
1. The alleged'unconstitutiouality of the act of February 9, 1869, which takes from the judges of the District Court the authority to appoint clerks of that county, and which makes the county clerks of the several counties, ex-officio, such clerks; and,
2. The failure of McCallum to give a bond for the faith*194ful performance of his duties of clerk of the District Court, other than that given as county clerk.
The…
2Cases cited4 opinions
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Greencastle Southern Turnpike Co. v. State ex rel. MalotIndiana Supreme Court · 1867
- Littler v. SmileyIndiana Supreme Court · 1857
- Olcott v. . CarrollNew York Court of Appeals · 1868
3Cited by16 opinions
- Stone v. BrownTexas Supreme Court · 1881
- In re Fourth Judicial DistrictWyoming Supreme Court · 1893
- Midwest Popcorn Co. v. JohnsonNebraska Supreme Court · 1950
- Ballou v. BlackNebraska Supreme Court · 1885
- State ex rel. Commissioners of Hamilton County v. ReamNebraska Supreme Court · 1884
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