State ex rel. Hastings v. Smith
Nebraska Supreme Court
Original proceeding in nature of quo warranto. The executive may move without preferring charges, serving notice, or having a formal trial. (State v. MoGarry, 21 Wis., 496; Wilcox v. People, 90 111., 186; Eddoffv. Dist. of Col., 135 U. S., 240; Keenan v. Perry, 24 Tex., 253.) A constitutional question is clearly recognized, and where the question is addressed to the discretion of the department called upon to make the construction, the decision is final.
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Original proceeding in nature of quo warranto. The executive may move without preferring charges, serving notice, or having a formal trial. (State v. MoGarry, 21 Wis., 496; Wilcox v. People, 90 111., 186; Eddoffv. Dist. of Col., 135 U. S., 240; Keenan v. Perry, 24 Tex., 253.) A constitutional question is clearly recognized, and where the question is addressed to the discretion of the department called upon to make the construction, the decision is final. (Wright v. Defrees, 8 Ind., 298; State v. Doherty, 25 La. Ann., 119; Att’y Gen’l, ex rel. Taylor, v. Brown, 1 Wis., 413; People v. Stout, 19…
1Opinion of the CourtPost, J.
This is an original proceeding by the attorney general against the respondent for the purpose of testing the title of the latter to the office of member of the board of fire and police commissioners of the city of Omaha. The material part of the petition is as follows:
*17“That on or about the 2d day of May, 1890, Howard B. Smith respondent herein, was appointed by the Hon. John M. Thayer, who was at that time governor of the state of Nebraska, as a member of the board of fire and ¡police commissioners of the city of Omaha, and thereupon entered into said office, and continued to occupy said…
2Cases cited15 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- Biggs v. McBrideOregon Supreme Court · 1889
- Wilcox v. People ex rel. LipeIllinois Supreme Court · 1878
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Keenan v. PerryTexas Supreme Court · 1859
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3Cited by26 opinions
- State ex rel. Young v. RobinsonSupreme Court of Minnesota · 1907
- Bannerman v. BoyleCalifornia Supreme Court · 1911
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
21 more not listed; retrieve them via the Exa API.