Legal Opinion · Dissent

State ex rel. Ludden v. Barton

Nebraska Supreme Court

Decided February 28, 1911No. 16,821Published

Appeal from the district court for Lancaster county: Albert J. Cornish, Judge.

1DissentEeese, C. J.

I entertain no doubt of the justice of relator’s claim, and that he ought, in fairness, to be paid the small compensation allowed him by the board. Neither do I doubt the power of the legislature to provide for its payment by a proper appropriation. Indeed,. I believe it to be the duty of that body to do so. But the question with me is: Has it set aside any portion of the public money -for that specific purpose? It is provided in section 22, art. Ill of the constitution: “No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law.” In State v.…

2Cases cited3 opinions

  1. State ex rel. Cline v. WallichsNebraska Supreme Court · 1884
  2. State ex rel. Ensign v. WallichsNebraska Supreme Court · 1882
  3. State ex rel. Cline v. WallichsNebraska Supreme Court · 1884

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