Legal Opinion

People ex rel. Nye v. Martin

Nebraska Supreme Court

Decided January 15, 1875PublishedCited by 2 opinions

This was an application to this court, in the exercise of its original jurisdiction, for a writ of mandamus. The facts in the case sufficiently appear in the opinion of the court without setting forth the application at lengtlu The statute regulating contested elections for county officers, and which is construed by the court here, is as follows: “Seo. 26. "When any candidate or elector chooses to contest the validity of an election, or the right of any person proclaimed…

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This was an application to this court, in the exercise of its original jurisdiction, for a writ of mandamus. The facts in the case sufficiently appear in the opinion of the court without setting forth the application at lengtlu The statute regulating contested elections for county officers, and which is construed by the court here, is as follows: “Seo. 26. "When any candidate or elector chooses to contest the validity of an election, or the right of any person proclaimed duly elected to any county office, such person shall give the like notice required in the preceding section of this…

1Opinion of the Court

Lake, Ch. J.

This is an application to this court for a writ of mandamus. The relator was a candidate for the office of *51county commissioner at the last general election in Dodge county, and one Henry B. Nicodemus was the opposing candidate. Upon a canvass of the returns from the several precincts of the- county, by the proper officers, Nicodemus was declared elected by a majority of one vote, whereupon a certificate of election was issued to him, and he entered upon the discharge of the duties of the office, which he still holds, enjoying the emoluments thereof.

On the thirty-first day of…

2Cited by2 opinions

  1. McNair v. State ex rel. PowersNebraska Supreme Court · 1889
  2. Spitley v. FrostDistrict Court, D. Nebraska · 1883

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