Scott v. Flowers
Nebraska Supreme Court
Error from tbe district court for Lancaster county. Tried below before Cornish, J. Norval, C. J., dissenting. The complaint filed by Scott contains a sufficient charge of incorrigibility under section 6, article 1, chapter 75, Compiled Statutes of Nebraska. 1. Charging incorrigibility is not charging a crime, and the strict rules governing criminal complaints and prosecutions do not apply thereto in their fullness; furthermore, technicalities in a reform school case should…
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Error from tbe district court for Lancaster county. Tried below before Cornish, J. Norval, C. J., dissenting. The complaint filed by Scott contains a sufficient charge of incorrigibility under section 6, article 1, chapter 75, Compiled Statutes of Nebraska. 1. Charging incorrigibility is not charging a crime, and the strict rules governing criminal complaints and prosecutions do not apply thereto in their fullness; furthermore, technicalities in a reform school case should give way to the prime consideration, i. e., what is for the- best interest of the infant. Hochheimer, Custody of Infants…
1Opinion of the CourtSullivan, J.
When this case was before us at the last term (Scott v. Flowers, 60 Nebr., 675) we decided that the plaintiff, .Sarah Jane Flowers, was arrested and committed to the state industrial school at Geneva without any legal authority whatever, and that the judgment of the district court awarding her damages for false imprisonment should be, therefore, affirmed. This decision was rendered on the theory that section 5 of the act of 1887 (Session Laws, 1887, ch. 74), to the extent that it assumes to authorize the commitment of children of any age who are incorrigible, but who have not been convicted…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- Tiernan v. RinkerSupreme Court of the United States · 1880
- McPherson v. BlackerMichigan Supreme Court · 1892
- State ex rel. Bray v. LongMontana Supreme Court · 1898
- Grimes v. EddySupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Estate of JohnsonCalifornia Supreme Court · 1903
- State ex rel. Taylor v. HallNebraska Supreme Court · 1935
- State ex rel. Miller v. BryantNebraska Supreme Court · 1913
- Territory v. Hoy ChongHawaii Supreme Court · 1912
- School District No. 39 of Washington Co. v. DeckerNebraska Supreme Court · 1955
22 more not listed; retrieve them via the Exa API.