State ex rel. Bates v. Thayer
Nebraska Supreme Court
Original application for mandamus. The supreme court may issue a mandamus against even the governor to compel him to perform a purely ministerial duty (Maxwell, Pl. & Pr.
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Original application for mandamus. The supreme court may issue a mandamus against even the governor to compel him to perform a purely ministerial duty (Maxwell, Pl. & Pr. (1889), p. 735; Magee v. Board, 10 Cal., 376); and the duties of the state canvassing board are ministerial only (Hagge v. State, 10 Neb., 51; Long v. State, 17 Id., 61; Glarh v. McKenzie, 7 Bush [Ky.], 523; People v. Hillard, 29 111., 414). If the board refuses to canvass any of the votes, mandamus lies to compel it to do so, even after adjournment sine die. (Hagerty v. Arnold, 13 Kan., 367; Lewis v. Com’rs, 16 Id., 102;…
1Opinion of the Court
Cobb, Ch. J.
Edward Bates, the relator, presented his information on November 25, 1890, applying for a peremptory writ of mandaxnus to compel the state board of canvassers, created by section 53, chapter 26, of the Compiled Statutes, to canvass certain votes claimed to have been cast for the relator, as judge of the Sixth judicial district of this state, *87at the general election held November 4, 1890. The relator and the attorney general agreed to the following stipulation of facts:
I. That the' defendants, John M. Thayer, governor; Benjamin R. Cowdery, secretary of state; Thomas H. Benton,…
2Cases cited8 opinions
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
- Ellis v. KarlNebraska Supreme Court · 1878
- State ex rel. Lutfring v. GœtzeWisconsin Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- State Ex Rel. Rawlinson v. AnselSupreme Court of South Carolina · 1907
- State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
- State ex rel. Irvine v. BrooksWyoming Supreme Court · 1906
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