Legal Opinion

State ex rel. McClay v. Mickey

Nebraska Supreme Court

Decided February 22, 1905No. 13,408PublishedCited by 9 opinions

Original application for a writ of mandamus to compel respondent to appoint commissioners to select site for monument.

1Opinion of the CourtHolcomb, C. J.

A writ of mandamus is applied for to require the respondent, the governor, to appoint a commission of five persons whose duty it shall he to supervise the selection of a site on the capitol grounds and the erection of a monument to be dedicated to the memory of the life and public services of President Lincoln. The application is based on what purports to be an act of the legislature which is carried into the laws of 1903, and published as chapter 157 thereof. The governor, we are advised, declines to act through no lack of sympathy for the object sought to be attained, but because of a doubt…

2Cases cited14 opinions

  1. Division of Howard CountySupreme Court of Kansas · 1875
  2. Berry v. Baltimore & Drum Point RailroadCourt of Appeals of Maryland · 1875
  3. Burritt v. Commissioners of State ContractsIllinois Supreme Court · 1887
  4. Cottrell v. StateNebraska Supreme Court · 1879
  5. Hull v. MillerNebraska Supreme Court · 1876

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3Cited by9 opinions

  1. State Ex Rel. Dunbar v. State Board of EqualizationWashington Supreme Court · 1926
  2. State Ex Rel. Brassey v. HansonIdaho Supreme Court · 1959
  3. Holman v. PabstCourt of Appeals of Texas · 1930
  4. Kavanaugh v. Chandler, Lieut. GovernorCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Ex Parte WinslowCourt of Criminal Appeals of Texas · 1942

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