Nebraska Telephone Co. v. Cornell
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Oobnish, J. W. W. Morsman, for appellant, argued orally that the act of 1887, creating the board of transportation and defining its powers, is in conflict with section 26 of article 5 of the constitution, which prohibits the legislature from creating any other executive state office than those defined in the constitution, and is also in conflict with section 2 of article 5, which provides that none of the…
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Appeal from the district court of Lancaster county. Heard below before Oobnish, J. W. W. Morsman, for appellant, argued orally that the act of 1887, creating the board of transportation and defining its powers, is in conflict with section 26 of article 5 of the constitution, which prohibits the legislature from creating any other executive state office than those defined in the constitution, and is also in conflict with section 2 of article 5, which provides that none of the officers of the executive department shall be eligible to any other state office. Counsel cited, at length, In re…
1Opinion of the Court
Sullivan, J,
This action was commenced by the Nebraska Telephone Company in the district court of Lancaster county to enjoin the members of the board of transportation and their secretaries from taking cognizance of a complaint presented to them by John O. Yeiser, and from assuming to exercise jurisdiction under the provisions of chapter 56 of the Session Laws of 1897. A more extended statement of the facts out of which the controversy has arisen will be found in the former opinion affirming the judgment of the trial court. See Nebraska Telephone Co. v. Cornell, 58 Nebr., 823, 80 N. W. Rep.,…
2Cases cited6 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Curtin v. . BartonNew York Court of Appeals · 1893
- Smyth v. AmesSupreme Court of the United States · 1898
- Pacific Express Co. v. CornellNebraska Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. PorterNebraska Supreme Court · 1903
- State v. ScottNebraska Supreme Court · 1904
- State ex rel. Sheffer v. FullerNebraska Supreme Court · 1909
- Iams v. MellorNebraska Supreme Court · 1913
- Higginson v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the District of Nebraska · 1900