Legal Opinion

State v. Stout

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 14 opinions

This was an action brought in the district court for Lancaster county, on the first day of June, 1877, by W. H. B. Stout against The State of Nebraska, for breaches of a contract, entered into by tbe said Stout and the board of prison inspectors on behalf of the state, for the erection of a penitentiary, on land selected and owned by the state.

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This was an action brought in the district court for Lancaster county, on the first day of June, 1877, by W. H. B. Stout against The State of Nebraska, for breaches of a contract, entered into by tbe said Stout and the board of prison inspectors on behalf of the state, for the erection of a penitentiary, on land selected and owned by the state. This contract was made June 14, 1870, under the provisions of an act approved in 1870. Gen. Stat., 1032. It required the completion of certain portions of the building on or before the fourteenth day of June, 1871, according to plans and…

1Opinion of the CourtLake, J.

The conclusion to which we have come in this case renders it quite unnecessary for us to notice many of the questions discussed so ably, and at length, by the respective counsel. The action in the court below was brought under the provisions of the act of February 14th, 1877, entitled “ An act to provide in what courts the state may sue and be sued.” The duty of enacting a law upon this subject was enjoined upon the legislature by section 22, Art. YI, of our present constitution, which declares that: “The state may sue and be sued, and the legislature shall provide by law in what manner and…

2Cited by14 opinions

  1. Catania v. University of NebraskaNebraska Supreme Court · 1979
  2. State ex rel. Davis v. MortensenNebraska Supreme Court · 1903
  3. Gentry v. StateNebraska Supreme Court · 1962
  4. Livengood v. Nebraska State Patrol Retirement SystemNebraska Supreme Court · 2007
  5. McNeel v. StateNebraska Supreme Court · 1931

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