State ex rel. Carter v. Board of Public Lands & Buildings
Nebraska Supreme Court
Original application for mandamus. The constitution, by abolishing the inspectors and creating the board of public lands and buildings as their successors, did not annul the appointments made by the board of inspectors in pursuance of the powers conferred upon them by law. Const., secs. 5, 14, Art. XYI. The physician of the penitentiary is expressly by statute made an officer.
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Original application for mandamus. The constitution, by abolishing the inspectors and creating the board of public lands and buildings as their successors, did not annul the appointments made by the board of inspectors in pursuance of the powers conferred upon them by law. Const., secs. 5, 14, Art. XYI. The physician of the penitentiary is expressly by statute made an officer. Gen. Stat., 1036, 1042. He was an officer at the date of the adoption of the new constitution, and was an officer of state, performing important public functions, receiving a stated salary,.fixed by the legislative…
1Opinion of the CourtMaxwell, J.
The relator sets forth in his application that on the ninth day of May, 1873, the board of prison inspectors, *44pursuant to the laws of the state, duly appointed and commissioned him physician of the penitentiary of the state; that he was to hold said office, with all the rights, privileges, and emoluments thereof until his appointment and commission should be revoked according to law; that he entered upon the duties of his office on the first day of June, 1873, and continued to discharge the same until the sixteenth day of March, 1877, when the defendants, without cause, and without authority…
2Cases cited6 opinions
- Garrison v. PeopleNebraska Supreme Court · 1877
- McCall v. Byram Manufacturing Co.Supreme Court of Connecticut · 1827
- People ex rel. Young v. Trustees of FairburyIllinois Supreme Court · 1869
- Bays v. StateNebraska Supreme Court · 1877
- United States v. the Heirs of Fm ArredondoSupreme Court of the United States · 1839
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3Cited by6 opinions
- Fox v. McDonaldSupreme Court of Alabama · 1893
- Hord v. StateIndiana Supreme Court · 1907
- State ex rel. Gapen v. SomersNebraska Supreme Court · 1892
- People Ex Rel. Hardacre v. DavidsonCalifornia Court of Appeal · 1905
- Ahia v. CainHawaii Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.