State ex rel. City of Kearney v. Babcock

Reese, Cii. J.

This is an application to this court, in the exercise of its original jurisdiction, for a peremptory writ of mandamus, directed to the auditor of state, to require him to register certain bonds issued' by the city of Kearney “ for the purpose of erecting a city building, sufficient to accommodate the city officers and records, the fire department and fire apparatus, and the police department, including a city prison.”

From the stipulations on file, it appears that the refusal of the auditor “is based solely on the ground that cities of the second class having over five thousand…