Anderson v. Colson
Nebraska Supreme Court
This was an original application to this court for the writ of mandamus, to be directed to the defendant Colson, as treasurer of Dodge county.
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This was an original application to this court for the writ of mandamus, to be directed to the defendant Colson, as treasurer of Dodge county. The applicant in his petition for the writ, states that a meeting of the electors of school district number one of Dodge county, was, on the 4th day of April, 1870, duly convened for the purpose, among other things, of electing members of the, school board for the ensuing year : In the course of the proceedings, which are minutely detailed, a motion to adjourn to the eleventh of April was made, and having been put by the moderator and voted upon by…
1Opinion of the Court
Mason, Ch. J.
The pleadings show that there is a dispute who is treasurer of the school district. We cannot try that question upon an application for a mandamus. The applicant must first establish, by the proper process, his right to the office by which he claims the writ. Having done that, this application will be in order. Mr. Justice Curtis in ex rel. Goodrich v. Guthrie, secretary of the treasury, 17 Howard, 305. The petition is dismissed.
2Cited by9 opinions
- Duane v. McDonaldSupreme Court of Connecticut · 1874
- State ex rel. Beatty v. Mayor of OmahaNebraska Supreme Court · 1883
- Goodwyn v. ShererSupreme Court of Alabama · 1906
- Kokes v. State ex rel. KoupalNebraska Supreme Court · 1898
- State ex rel. Mayor of David City v. PalmerNebraska Supreme Court · 1880
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