State ex rel. Helmer v. McConnel
Nebraska Supreme Court
Original application for mandamus. The language of the constitution is so explicit we can hardly conceive how there could be any misconception or disagreement as to its application, that all moneys arising under a general law, whether derived from fine, penalty, or license, shall go to the county fund, and that all moneys arising under, and by virtue of any city ordinance passed within the scope of the city’s power, and not repugnant to any general law, shall go into the…
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Original application for mandamus. The language of the constitution is so explicit we can hardly conceive how there could be any misconception or disagreement as to its application, that all moneys arising under a general law, whether derived from fine, penalty, or license, shall go to the county fund, and that all moneys arising under, and by virtue of any city ordinance passed within the scope of the city’s power, and not repugnant to any general law, shall go into the common school fund of such city. We think there is no other construction safe, and no other conclusion can be reached, when…
1Opinion of the CourtLake, J.
This is an application for an alternative writ of mandamus to compel the defendant, who is the treasurer of the city of Lincoln, to pay over to the relator, who -is the treasurer of Lancaster county, certain moneys now in his hands, and which were received by him on- account of certain licenses granted by the corporate authorities of said city to certain persons to sell malt, spirituous, and vinous liquors. It is claimed by the relator that the money in question belongs to the common school fund of the county in which the pity is situated, of which fund he is the lawful custodian, while the…
2Cases cited3 opinions
- City of Tecumseh v. PhillipsNebraska Supreme Court · 1877
- People ex rel. Gere v. GosperNebraska Supreme Court · 1874
- Phillips v. City of TecumsehNebraska Supreme Court · 1877
3Cited by4 opinions
- School District v. GassNebraska Supreme Court · 1936
- School District No. 54 of Douglas County v. School District of OmahaNebraska Supreme Court · 1961
- State ex rel. Primmer v. BrodbollNebraska Supreme Court · 1889
- Guthrie v. State ex rel. School District No. 7Nebraska Supreme Court · 1896