Legal Opinion

State ex rel. Brown v. McPeak

Nebraska Supreme Court

Decided January 6, 1891PublishedCited by 12 opinions

Original application for mandamus. cited, contending that the act of 1883 impaired the obligation of contracts : Fletcher v. Peck, 6 Cranch [U. S.], 87-136 ; Davis v. Gi'ay, 16 Wall. [U. S.], 203; Dikeman v. Dikeman, 11 Paige Ch. [N. Y.], 484; Goenen v. Schroeder, 8 Minn., 387; Greenfield v. Dorris, 1 Sneed [Tenn.], 548; Robinson v. Howe, 13 Wis., 385; Coffman v. Bank of Ky., 90 Am. Dec., 313. cited: Cooley, Const.

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Original application for mandamus. cited, contending that the act of 1883 impaired the obligation of contracts : Fletcher v. Peck, 6 Cranch [U. S.], 87-136 ; Davis v. Gi'ay, 16 Wall. [U. S.], 203; Dikeman v. Dikeman, 11 Paige Ch. [N. Y.], 484; Goenen v. Schroeder, 8 Minn., 387; Greenfield v. Dorris, 1 Sneed [Tenn.], 548; Robinson v. Howe, 13 Wis., 385; Coffman v. Bank of Ky., 90 Am. Dec., 313. cited: Cooley, Const. Lim., sec. 286; Jones v. Davis, 6 Neb., 36; Marion v. State, 20 Id., 249; Atkins v. Atkins, 18 Id., 477; State v. Scott, 17 Id., 690.

1Opinion of the CourtMaxwell, J.

The relators are the owners and .assignees of a certain school land lease made September 12, 1882, and thereunder are in possession and occupancy of the east half and southwest quarter and northeast quarter of northwest quarter of section 36, township 4 north, range 25 west, 6th P. M., said land being situate in Furnas county, Nebraska.. By the terms of this lease the following provisions were made:

“The said' lessee shall and will pay promptly semi-annually, in advance, on the first day of January and July in each year, to the county treasurer of said county of Furnas for the use of said…

2Cases cited12 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Gunn v. BarrySupreme Court of the United States · 1873
  3. Curtis v. WhitneySupreme Court of the United States · 1872
  4. Ward v. FarwellIllinois Supreme Court · 1881
  5. Watson v. New York Central RailroadNew York Court of Appeals · 1872

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3Cited by12 opinions

  1. State v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1946
  2. Todd v. Board of Educational Lands and FundsNebraska Supreme Court · 1951
  3. Patteson v. JohnsonNebraska Supreme Court · 1985
  4. Pfeifer v. AbleidingerNebraska Supreme Court · 1958
  5. City of Leavenworth v. Leavenworth City & Fort Leavenworth Water Co.Supreme Court of Kansas · 1904

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