State ex rel. County of Seward v. Benton
Nebraska Supreme Court
Original application for mandamus. The act of 1877 was repealed by the act of 1883, and the pretended amendment thereof in 1885 is a nullity. (Knox County v. MoComb, 19 O. St., 320; Dutton v. Aurora, 114 111., 138; Stingle v. Nevel, 9 Ore., 62; Haynes v. Cape May, 52 N. J. L., 180; Bennie v. Reis, 80 Cal., 266; Maxwell v. State, 7 S. Rep. [Ala.], 824.) The bonds now sought to be refunded are not internal improvement bonds, and hence the act of 1883 alone applies.
Read the full summary
Original application for mandamus. The act of 1877 was repealed by the act of 1883, and the pretended amendment thereof in 1885 is a nullity. (Knox County v. MoComb, 19 O. St., 320; Dutton v. Aurora, 114 111., 138; Stingle v. Nevel, 9 Ore., 62; Haynes v. Cape May, 52 N. J. L., 180; Bennie v. Reis, 80 Cal., 266; Maxwell v. State, 7 S. Rep. [Ala.], 824.) The bonds now sought to be refunded are not internal improvement bonds, and hence the act of 1883 alone applies. Section 2 of the act of 1883 is not a limitation upon the right to issue refunding bonds, but extends the right. ( Wayman v.…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff complains of the defendant and states: That the plaintiff is a county of the state of Nebraska, duly and legally incorporated and organized under the laws of the said state, and the defendant is the duly and legally elected, qualified, and acting, auditor of public accounts of the said state, and charged by law with the performance of the duties hereinafter mentioned.
2. The plaintiff further states to the court that on and prior to the first day of June, A. D. 1884, the plaintiff county was indebted to sundry persons in the sum of $104,000, said indebtedness being…
2Cases cited1 opinion
- State ex rel. Dakota County v. AlexanderNebraska Supreme Court · 1883
3Cited by15 opinions
- State ex rel. Douglas County v. CornellNebraska Supreme Court · 1898
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
- Columbia Wire Co. v. BoyceCourt of Appeals for the Seventh Circuit · 1900
- Reynolds v. Board of EducationSupreme Court of Kansas · 1903
- State ex rel. Farmers Mutual Insurance v. MooreNebraska Supreme Court · 1896
10 more not listed; retrieve them via the Exa API.