Legal Opinion

State ex rel. Carter v. King

Nebraska Supreme Court

Decided January 15, 1888PublishedCited by 4 opinions

Original application for mandamus. Proceedings after judgment a nullity. Crippen & Amick v. Church, 17 Neb., 304. Tootle, Hosea & Co. v. Jones, 19 Id., 590. Adjournment proper. Polín v. State, 14 Neb., 546. Legal holidays. Bouvier Law Die. Comp. Stat., Sec. 8, Ch. 41. Mandamus proper remedy. People v. Gale, 22 Barb., 502. High. Ex. Leg.

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Original application for mandamus. Proceedings after judgment a nullity. Crippen & Amick v. Church, 17 Neb., 304. Tootle, Hosea & Co. v. Jones, 19 Id., 590. Adjournment proper. Polín v. State, 14 Neb., 546. Legal holidays. Bouvier Law Die. Comp. Stat., Sec. 8, Ch. 41. Mandamus proper remedy. People v. Gale, 22 Barb., 502. High. Ex. Leg. Rem., Sec. 180. State v. Powell, 10 Neb., 48. Freeman Judgments, Secs. 116,117. Crandal v. Bacon, 20 Wis., 671. Mahr v. Young, 13 Id., 634. Moore & Cozine v. Herron, 17 Neb., 697, 700.

1Opinion of the CourtMaxwell, J.

This is an original action brought in this court to obtain a peremptory mandamus. The relator alleges in his petition, “that defendant, on the 19th day of November, 1887, was and now is a duly elected, qualified, and acting justice of the peace in and for Weeping Water precinct, in the county of Cass, and state of Nebraska; that on the 19th day of November, 1887, this complainant commenced, in the justice court, before the said Charles H. King, in Weeping Water precinct, said county, and filed his bill of particulars in said justice’s office, against John II. Davis *542and David Woodard; that on…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Field v. ParkNew York Supreme Court · 1822
  2. Templin v. SynderNebraska Supreme Court · 1877

3Cited by4 opinions

  1. Federal Land Bank of St. Paul v. SteeleNorth Dakota Supreme Court · 1930
  2. Reid v. KeysNebraska Supreme Court · 1924
  3. Federal Land Bank v. SteeleNorth Dakota Supreme Court · 1930
  4. Glaze v. KeithNebraska Supreme Court · 1898

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