State ex rel. Douglas County v. Frank
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Estelle, J. Courts will not declare an act unconstitutional, unless it appears to be so beyond a reasonable doubt.
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Error to the district court for Douglas county. Tried below before Estelle, J. Courts will not declare an act unconstitutional, unless it appears to be so beyond a reasonable doubt. Pleuler v. State, 11 Nebr., 547. But is it essential that there should be affirmative proof that the house journal ever did contain a record of concurrence? Hull v. Miller, 4 Nebr., 505; State v. Moore, 37 Nebr., 13; State v. Liedllce, 9 Nebr., 490. As to special legislation: State v. Stuht, 52 Nebr., 209; Gouniy of Douglas v. Timme, 32 Nebr., 272. The next point made by the respondent in the court below is that…
1Opinion of the CourtSullivan, J.
This proceeding in error brings before us for review a judgment of the district court denying the application of the relator for a writ of mandamus requiring the respondent, Albyn L. Frank, as clerk of the district court for Douglas county, to make a report, under oath, of the fees received by him as such clerk during the quarter ending on the first Tuesday of January, 1900. The question for decision is the validity of an act of the last legislature amending section 3 of chapter 28, Compiled Statutes of 1897. The original act on the subject of fees was adopted in 1865 under the title “An act…
2Cases cited13 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Sherman v. StoryCalifornia Supreme Court · 1866
- Osburn v. StaleyWest Virginia Supreme Court · 1871
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
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3Cited by21 opinions
- Elmen v. State Board of Equalization & AssessmentNebraska Supreme Court · 1930
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- State Ex Rel. Brassey v. HansonIdaho Supreme Court · 1959
- State ex rel. Conkling v. KelsoNebraska Supreme Court · 1912
- School Dist. No. 11 v. ChapmanCourt of Appeals for the Eighth Circuit · 1907
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