Kane v. People ex rel. Snyder
Nebraska Supreme Court
Tins was an information in tbe nature of a quo warranto, filed in tlie district court of Cheyenne county, to test the right of Thomas Kane to hold the office of county treasurer of that county. On the trial-of the cause before Hon. Samuel Maxwell, and a jury, L. Connell, the county clerk, was introduced as a witness, and testified: “I voted at the general election for a person for the office of county treasurer.”
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Tins was an information in tbe nature of a quo warranto, filed in tlie district court of Cheyenne county, to test the right of Thomas Kane to hold the office of county treasurer of that county. On the trial-of the cause before Hon. Samuel Maxwell, and a jury, L. Connell, the county clerk, was introduced as a witness, and testified: “I voted at the general election for a person for the office of county treasurer.” Thereupon counsel for said Kane asked, “For whom did yon vote?” Objected to as immaterial; objection sustained. Thereupon counsel for said Kane offered to produce other witnesses,…
1Opinion of the Court
Lake, Ch. J.
I. The sole object of a summons is to bring the defendant before the court; and. although irregularly, or even illegally issued, if there be an appearance for any other purpose than to challenge the jurisdiction of the court the defect will be waived. Cropsey v. Wiggenhorn, 3 Neb., 108. Crowell v. Galloway, same, 215. The defendant having answered to the merits thereby waived the objections which he had previously made to the summons, and it is not necessary to determine whether they were valid or not.
II. It was objected to the information that it was not filed by the district…
2Cases cited1 opinion
- Cropsey v. WiggenhornNebraska Supreme Court · 1873
3Cited by16 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
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