State v. Omaha National Bank
Nebraska Supreme Court
Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state.
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Eriior from tbe district court for Douglas county. Action for conversion of public funds by a depositary bank. Tried below before Baker, J. Judgment for defendants. Under the constitution of 1867, a large floating debt had accumulated against the state. Section 1 of article 12 of the constitution of 1875 forbade the contraction of a debt in excess of $100,000, with exceptions named, none of which concern the matter in hand; but it was impossible that this section could impair the obligation of an existing contract, because of a prohibition of clause 1, section 10, of article 1 of the…
1ConcurrenceHolcomb, J.
Until the commencement of the September term of court, I had hoped the case at bar could be decided without participation, on my part, in the decision rendered. My disinclination to sit in the cause arises from the fact that as governor of the state I formally authorized the attorney general to institute any and all legal proceedings his judgment approved of, which seemed advisable and required, in order that the state should recover its dues by reason of a shortage in the accounts of its former state treasurer, Joseph S. Bartley, which was discovered to exist at the time of the expiration of…
2Cases cited17 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Munnerlyn v. Augusta Savings BankSupreme Court of Georgia · 1891
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
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