State ex rel. Truesdell v. Plambeck
Nebraska Supreme Court
Original application for mandamus. The title to an office is not to be passed upon or adjudicated in mandamus. (State v. Jai/nes, 19 Neb., 161; People v. Goetting, 30 N. E. Rep. [N. Y.], 969.) The relat- or’s certificate of appointment, with his official bond, was prima facie evidence of his title to the office, and the only question for the county judge was the sufficiency of the bond and sureties. He could not inquire into the validity of relator’s title.
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Original application for mandamus. The title to an office is not to be passed upon or adjudicated in mandamus. (State v. Jai/nes, 19 Neb., 161; People v. Goetting, 30 N. E. Rep. [N. Y.], 969.) The relat- or’s certificate of appointment, with his official bond, was prima facie evidence of his title to the office, and the only question for the county judge was the sufficiency of the bond and sureties. He could not inquire into the validity of relator’s title. (Murfree, Official Bonds, sec. 320.) The contention between rival appointees and the validity of their claims is for another tribunal.…
1Opinion of the CourtNorval, J.
This is an original application for a peremptory writ of mandamus to require the respondent, as county judge of Dodge county, to approve the bond and sureties therein of relator as supervisor of the city of Fremont in said county. The cause is submitted on a general demurrer interposed by the respondent to the petition.
It appears from the application of the relator that the county of Dodge is a county under township organization; that the city of Fremont is a municipal corporation situated within the territorial, limits of said county, and having a population of more than 6,000 and less than…
2Cases cited3 opinions
- Beck v. JacksonSupreme Court of Missouri · 1868
- State ex rel. Mayor of David City v. PalmerNebraska Supreme Court · 1880
- State ex rel. Godard v. TaylorNebraska Supreme Court · 1889
3Cited by7 opinions
- State ex rel. Lewellen v. SmithNebraska Supreme Court · 1896
- State ex rel. Barton v. FrantzNebraska Supreme Court · 1898
- Cruse v. State ex rel. HarphamNebraska Supreme Court · 1897
- Kokes v. State ex rel. KoupalNebraska Supreme Court · 1898
- McMillin v. RichardsNebraska Supreme Court · 1895
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