State ex rel. Wright v. Savage
Nebraska Supreme Court
Original proceeding in mandamus to require the governor to appoint a fire and police commission for the city of Omaha. Writ denied. On rehearing, writ allowed, hut not formally issued. See page 702. The respondent in his return to the writ claims that, as he is governor, this court has no jurisdiction over him as such officer in such matters as are involved in this controversy.
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Original proceeding in mandamus to require the governor to appoint a fire and police commission for the city of Omaha. Writ denied. On rehearing, writ allowed, hut not formally issued. See page 702. The respondent in his return to the writ claims that, as he is governor, this court has no jurisdiction over him as such officer in such matters as are involved in this controversy. He claims that as governor he is exempt from mandatory process issuing out of this court, and especially so where the action is one executive in character. Chief Justice Marshall laid down the following rule for a case…
1Opinion of the CourtSullivan, C. J.
This is an application to this court in the exercise of its original jurisdiction for a writ of mandamus commanding respondent, as governor of the state, to appoint fire and police commissioners for the city of Omaha. In his answer to the alternative writ respondent denies the authority of the court to coerce executive action in any case, and alleges that by reason of the judgment in State v. Moores, 55 Nebr., 480, performance of the duty enjoined by the statute (sec. 167, ch. 12a, Compthed Statutes, 1901) would be necessarily barren of practical results, A com*695plete history of the litigation…
2Cases cited6 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
- State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
- McClesky v. State Ex Rel. CottrellCourt of Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shepard v. City of FriendNebraska Supreme Court · 1942
- State ex rel. Kennedy v. BroatchNebraska Supreme Court · 1903
- Driscoll v. Board of County CommissionersSupreme Court of Minnesota · 1925
- Lincoln National Bank & Trust Co. v. GraingerNebraska Supreme Court · 1935
- State ex rel. Harte v. MoorheadNebraska Supreme Court · 1916
13 more not listed; retrieve them via the Exa API.