State ex rel. Broatch v. Moores
Nebraska Supreme Court
Original application in the nature of quo warranto to oust respondent from the office of mayor of the city of Omaha on the ground that he is ineligible within the meaning of section 2/ article 1 4, of the constitution, providing that any person who is in default as collector and custodian of public money or property shall not be eligible to any office of trust or profit under the constitution or laws of the state. - Heard on demand of respondent for a trial by jury, on…
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Original application in the nature of quo warranto to oust respondent from the office of mayor of the city of Omaha on the ground that he is ineligible within the meaning of section 2/ article 1 4, of the constitution, providing that any person who is in default as collector and custodian of public money or property shall not be eligible to any office of trust or profit under the constitution or laws of the state. - Heard on demand of respondent for a trial by jury, on exceptions to referee’s findings against respondent, .and on motion of relator to confirm said findings. See opinions for…
1Opinion of the Court
Ryan, C.
In this case there has already been a description and discussion of the issues, which thereby were greatly simplified. (State v. Moores, 52 Neb. 770.) There has now been a trial of these issues to a referee, who has reported his findings of fact and conclusions of law in accordance with the requirements of the order under which he was appointed.
*3Before discussing the exceptions and objections to these findings, we shall consider a question argued very strenuously and one which, not having then arisen, could not be discussed in the former opinion, and that is the right of respondent,…
2Cases cited27 opinions
- Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Sharmer v. McIntoshNebraska Supreme Court · 1895
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3Cited by16 opinions
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- State v. Pacific Express Co.Nebraska Supreme Court · 1908
- State v. Central Lumber Co.South Dakota Supreme Court · 1909
- Baker v. Department of RegistrationUtah Supreme Court · 1931
- Schmid v. SimmonsNebraska Supreme Court · 2022
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