Legal Opinion

State ex rel. Axen v. Meserve

Nebraska Supreme Court

Decided April 6, 1899No. 10549PublishedCited by 10 opinions

Original application for mandamus to require the state treasurer to issue, without deducting express charges, receipts for the full amount of state funds which relator forwarded by express to the state treasury. References: Stale v. Lincoln Oounty, 18 Neb. 283; Sutherland, Statutory Construction sec. 288; Sniff en v. City of New York, 4 Sand. [N. Y.]193; Mechem, Agency [2d ed.] sec. 653; 1 Am. & Eng. Ency. Law [2d eel.] 1117; 19 Am. & Eng. Ency. Law [1st ed.] 541.

1Opinion of the CourtSullivan, J.

This is an original application for a writ of mandamus to compel the respondent, John B. Meserve, as state treasurer, to issue to the relator, as treasurer of Stanton county, duplicate receipts for state funds sent by express from the city of Stanton to the city of Lincoln on or about December 1, 1898. The amount forwarded was $731.57, but the express charges not having been prepaid the sum actually received by the respondent and paid into the state treasury was only $719.72. The relator contends that he is entitled to be credited with, and to receive re*453ceipts for, the entire amount delivered…

2Cases cited5 opinions

  1. City of Decatur v. VermillionIllinois Supreme Court · 1875
  2. Troup v. Morgan CountySupreme Court of Alabama · 1895
  3. State ex rel. Board of Commissioners v. SilverNebraska Supreme Court · 1879
  4. Bayha v. County of WebsterNebraska Supreme Court · 1885
  5. Adams County v. HunterSupreme Court of Iowa · 1889

3Cited by10 opinions

  1. State v. StockwellNorth Dakota Supreme Court · 1911
  2. County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
  3. Frasier v. Dundy CountyNebraska Supreme Court · 1927
  4. Ehlers v. GallagherNebraska Supreme Court · 1946
  5. Power v. Douglas CountyNebraska Supreme Court · 1906

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