Legal Opinion

State v. Abbott

Nebraska Supreme Court

Decided October 18, 1899No. 10,850PublishedCited by 14 opinions

Error from the district court of Lancaster county. Tried below before Holmes, J. The facts are stated in the opinion. The enrolled bill is only prima facie evidence of the enactment of a law. Records of legislative proceedings may be introduced in evidence to show that a statute was not enacted according to constitutional methods. See State v. McClelland, 18. Nebr., 238; Nesbit v. People, 36 Pac.

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Error from the district court of Lancaster county. Tried below before Holmes, J. The facts are stated in the opinion. The enrolled bill is only prima facie evidence of the enactment of a law. Records of legislative proceedings may be introduced in evidence to show that a statute was not enacted according to constitutional methods. See State v. McClelland, 18. Nebr., 238; Nesbit v. People, 36 Pac. Rep. [Colo.], 221; Supervisors v. Heenan, 2 Minn., 281; Field v. Cla/rh, 143 U. S., 649; Purdy v. People, 4 Hill [N. Y.], 384; Leonard v. Southern P. R. Co., 21 Ore., 560; State v. Platt, 2 So. Car.,…

1Opinion of the CourtHarrison, C. J.

The defendaht in error, prior to April 1, 1897, became by appointment,, superintendent of the hospital for the insane at Lincoln, and during the time he was such officer, anterior to the date mentioned) he drew his salary in accordance with its amount as fixed by law (see Compiled Statutes, ch. 40, sec. 58), and appropriated by the legislature of 1895, at the rate of $2,500 per annum. During the two years from the said date he collected salary as if established at $2,000 per year, but at or after the expiration of the two years he filed with the auditor of public accounts a claim for what he…

2Cases cited2 opinions

  1. Division of Howard CountySupreme Court of Kansas · 1875
  2. Berry v. Baltimore & Drum Point RailroadCourt of Appeals of Maryland · 1875

3Cited by14 opinions

  1. Capito v. ToppingWest Virginia Supreme Court · 1909
  2. Carlton v. GrimesSupreme Court of Iowa · 1946
  3. School Dist. No. 11 v. ChapmanCourt of Appeals for the Eighth Circuit · 1907
  4. Porter v. BrookSupreme Court of Oklahoma · 1908
  5. State ex rel. Davis v. CoxNebraska Supreme Court · 1920

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