State v. Omaha National Bank
Nebraska Supreme Court
Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state.
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Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state. Section 1 of article 12 of the constitution of 1875 forbade the contraction of a debt in excess of $100,000, with exceptions named, none of which concern the matter in hand; but it was impossible that this section could impair the obligation of an existing contract, because of a prohibition of clause 1, section 10, of article 1 of the…
1Opinion of the Court
Day, C.
This case was before this court upon a former hearing, being reported in 59 Nebr., 488, wherein the judgment of the district court, based upon a verdict for the defendants, returned in obedience to the peremptory direction of the court, was reversed and remanded. A retrial resulted in a verdict and judgment for the defendants, to review which the state has brought the case on error to this court. Upon the former hearing the present chief justice* took no part; *863Justice Harrison joined in the reversal, but expressly stated be did not concur in the reasons for reversal announced in tbe…
2Cases cited12 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
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3Cited by5 opinions
- Yost v. StateNebraska Supreme Court · 1948
- Smith v. Queen Insurance Co. of AmericaCourt of Appeals of Georgia · 1930
- Bamrick v. Village of MinatareNebraska Supreme Court · 1929
- State ex rel. Sorensen v. Columbus State BankNebraska Supreme Court · 1933
- Epp v. BicknellCourt of Appeals for the Eighth Circuit · 1943