Legal Opinion

Maher v. State ex rel. Allen & Jenkins

Nebraska Supreme Court

Decided July 1, 1891PublishedCited by 2 opinions

Error to the district court for Dakota county. Tried below before Powers, J. People v. Peters, 4 Neb., 254; Brown v. Seh. Dist, 10 Atl. Rep. [N. H.], 119; 1 Dillon, Mun. Corp., sec. 299; Seh. Dist. v. Atherton, 12 Mete; [Mass.], 105; Morrison v. Laivrence, 98 Mass., 219; Mayhew v. Gay Mead, 13 Allen [Mass.], 129; MeCortle v. Bates, 29 O. St., 422; State, ex rel. Reed, v. Ramsey, 8 Neb., 293; Fluty v. Seh.

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Error to the district court for Dakota county. Tried below before Powers, J. People v. Peters, 4 Neb., 254; Brown v. Seh. Dist, 10 Atl. Rep. [N. H.], 119; 1 Dillon, Mun. Corp., sec. 299; Seh. Dist. v. Atherton, 12 Mete; [Mass.], 105; Morrison v. Laivrence, 98 Mass., 219; Mayhew v. Gay Mead, 13 Allen [Mass.], 129; MeCortle v. Bates, 29 O. St., 422; State, ex rel. Reed, v. Ramsey, 8 Neb., 293; Fluty v. Seh. Dist., 4 S. W. Rep. [Ark.], 278. Everts v. Dist., 41 N. W. Rep. [Ia.], 478; Capital Bank v. Sch. Dist., 42 N. W. Rep. [Dak.], 774; Sanborn v. Sch. Dist., 12 Minn., 1; Robbins v. Sch. Dist.,…

1Opinion of the Court

Cobb, Ch. J.

The defendants in error, on July 21, 1890, made application to said court for a peremptory writ of mandamus against the treasurer of school district No. 11 of said county, to enforce the payment of a certain warrant for the sum of $125, dated July 14, 1890, and setting up:

“That the plaintiffs and relators are a copartnership, a firm organized for the purpose of carrying on business in the state of Nebraska, and not incorporated; and are so doing business in this state, as contractors and builders, and are entitled to sue and act in the capacity of plaintiffs and relators herein,…

2Cases cited4 opinions

  1. Everts v. District TownshipSupreme Court of Iowa · 1889
  2. McKee v. OwenMichigan Supreme Court · 1866
  3. Capital Bank v. School District 85Supreme Court Of The Territory Of Dakota · 1889
  4. State ex rel. Cook v. BloomNebraska Supreme Court · 1886

3Cited by2 opinions

  1. State ex rel. Pomerene & Cooper v. SabinNebraska Supreme Court · 1894
  2. State ex rel. Reinhardt v. TalichNebraska Supreme Court · 1924

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