Boyd v. Nebraska Ex Rel. Thayer
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OP NEBRASKA. The case was stated by the court as follows: On the 13th of January, a.d. 1891, leave was granted to John M. Thayer, by the Supreme Court of the State of Nebraska, to file an information against James, E. Boyd to establish the relator’s right to the office of governor, of that State, and to oust the respondent therefrom.
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ERROR TO THE SUPREME COURT OF THE STATE OP NEBRASKA. The case was stated by the court as follows: On the 13th of January, a.d. 1891, leave was granted to John M. Thayer, by the Supreme Court of the State of Nebraska, to file an information against James, E. Boyd to establish the relator’s right to the office of governor, of that State, and to oust the respondent therefrom. It appears from the record that the attorney general of the State refused ^o prosecute the action, and this is so stated i in the information, which then alleges: ■ . . “ 1. On the Tuesday next succeeding, the first Monday…
1Opinion of the Court
Mk. Chief Justice Fulleíí.delivered the opinion of the court.(1) In State of Nebraska ex rel. Glenn v. Stein, 13 Nebraska, 529, it was held that where the State at large was interested in a proceeding in quo warrantoi the attorney general was, as at common law, the proper person to institute it, but when the information was' filed by an individual to oust the. incumbent from an office and install the relator- therein, it was a personal remedy bn behalf of the individual claiming to be aggrieved, and the State was but a nominal party.
In the case at bar the attorney general refused to file the…
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