Legal Opinion
Conkling v. De Lany
Nebraska Supreme Court
Decided June 27, 1958No. 34373PublishedCited by 8 opinions
1Opinion of the CourtWenke, J.
This is an appeal from the district court for Lincoln County. It involves the question of whether or not a writ of prohibition should be issued against Alma K. DeLany, a justice of the peace. The trial court denied the appellants such relief by dismissing the action and they have taken this appeal therefrom after their motion for new trial had been overruled.
Nebraska has, with certain limitations and restrictions not applicable here, adopted the common law of England. See § 49-101, R. R. S. 1943. Consequently the common law writ of prohibition is available to litigants in this state and…
2Cases cited31 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Williams v. MilesNebraska Supreme Court · 1903
- Dick v. ForakerSupreme Court of the United States · 1894
- Van Dyke v. Superior CourtArizona Supreme Court · 1922
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3Cited by8 opinions
- State Ex Rel. Anaya v. ScarboroughNew Mexico Supreme Court · 1966
- Thomas v. Justice Court of Washakie CountyWyoming Supreme Court · 1975
- Fugate Ex Rel. McArthur v. RoninNebraska Supreme Court · 1958
- State Ex Rel. Line v. KuhlmanNebraska Supreme Court · 1959
- Nebraska v. FinchDistrict Court, D. Nebraska · 1972
3 more not listed; retrieve them via the Exa API.