Legal Opinion

State ex rel. Wheeler v. Stuht

Nebraska Supreme Court

Decided June 26, 1897No. 9240PublishedCited by 43 opinions

Original action in tbe nature of quo warranto to oust respondents from tbe offices of councilmen of tbe city of Ornaba, and to instate relators therein. Tbe opinion contains a statement of tbe case.

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Original action in tbe nature of quo warranto to oust respondents from tbe offices of councilmen of tbe city of Ornaba, and to instate relators therein. Tbe opinion contains a statement of tbe case. Relators’ first position is that tbe office of police judge is a constitutional office, made elective, and for a fixed term-of two years; that tbe provisions of tbe new charter, approved March 15,. 1897, shorten tbe term of tbe incumbent and undertake to establish, instead of tbe constitutional term, a term of three years; that tbe act, in so far as it relates to the election and term of office…

1Opinion of the CourtHarrison, J.

In this, an original action in this court, an information in tbe nature of a quo warranto was filed by the relators, in which it was averred that they bad been elected and assumed tbe duties of councilmen in and for tbe city of Omaha, under and by virtue of tbe provisions of tbe law then in force, which was an act entitled “An act incorporating metropolitan cities and defining, regulating, and prescribing their duties, powers, and government,” which *214was passed and became of effect March 30, 1887 (see Session Laws, 1887, ch. 10; Compiled Statutes, 1895, note ch. 12a); that their offices were…

2Cases cited28 opinions

  1. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  2. State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
  3. People v. TiltonCalifornia Supreme Court · 1869
  4. In re ClevelandSupreme Court of New Jersey · 1889
  5. State ex rel. Churchill v. BemisNebraska Supreme Court · 1895

23 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Lainhart v. CattsSupreme Court of Florida · 1917
  2. Ricks v. Department of State Civil ServiceSupreme Court of Louisiana · 1942
  3. State Ex Rel. Douglas v. Nebraska Mortgage Finance FundNebraska Supreme Court · 1979
  4. Haman v. MarshNebraska Supreme Court · 1991
  5. Nelsen v. TilleyNebraska Supreme Court · 1939

38 more not listed; retrieve them via the Exa API.

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