State ex rel. Frontier County v. Kelly
Nebraska Supreme Court
Original application for mandamus. The clerk cannot evade his liability to the county by qualifying as a notary public and abstracter, and performing as such work which he is authorized by law to do as clerk. (State v. Sovereign, 17 Neb., 175.) ' He must report all fees whether official and fixed by law or not.
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Original application for mandamus. The clerk cannot evade his liability to the county by qualifying as a notary public and abstracter, and performing as such work which he is authorized by law to do as clerk. (State v. Sovereign, 17 Neb., 175.) ' He must report all fees whether official and fixed by law or not. (State v. Leidtlce, 12 Neb., 171; State v. Allen, 23 Id., 454; State v. Sovereign, supra.) The evident intention of the legislature in repealing, in 1887 sec. 13, ch. 28, Comp. Stats., was to take from the clerk the business of abstracting, as the offices of clerk and abstracter are…
1Opinion of the CourtNorval, J.
This is an original application for a writ of mandamus, to require the respondent to account and report to the commissioners of Frontier county, all fees collected and received by him, during his term of office as county clerk, for taking acknowledgments of deeds, taking affidavits and depositions, for making and certifying to abstracts of title, and to compel the respondent to pay such fees into the treasury of said county.
*576The answer alleges that the respondent, while holding the office of county clerk, held the position of notary public, and acted as such; that, as notary public, he took…
2Cases cited2 opinions
- State ex rel. Miller v. SovereignNebraska Supreme Court · 1885
- State ex rel. Board of Supervisors v. AllenNebraska Supreme Court · 1888
3Cited by8 opinions
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- Burlingame v. Hardin CountySupreme Court of Iowa · 1917
- State ex rel. Board of Supervisors v. HazeletNebraska Supreme Court · 1894
- State ex rel. Wayne County v. RussellNebraska Supreme Court · 1897
- State ex rel. Board of County Commissioners v. HolmNebraska Supreme Court · 1903
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