Ryan v. State
Nebraska Supreme Court
Information in the nature of a quo warranto, brought in the district court of Richardson county, before Weaver, J., on the relation of Eller, district attorney of the first district. To the information, Ryan, the respondent, filed-an answer, to which the relator demurred; and upon a hearing thereof, the demurrer was sustained, and the judgment of ouster duly entered.
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Information in the nature of a quo warranto, brought in the district court of Richardson county, before Weaver, J., on the relation of Eller, district attorney of the first district. To the information, Ryan, the respondent, filed-an answer, to which the relator demurred; and upon a hearing thereof, the demurrer was sustained, and the judgment of ouster duly entered. Ryan brought the cause here upon petition in error. cited Cooley on Constitutional Limitations, 117, 144, 145, 182, 184. The People v. MeOallum, 1 Neb., 182. The People v. Pinckney, 32 New York, 377. Evans v. Sharp, 29 Wis., 564.…
1Opinion of the CourtGantt, J.
It is alleged that the plaintiff in error assumed and usurped, and still doth usurp, intrude into, use and assume to exercise, hold and enjoy the office of delinquent tax collector, so called, in the county of Eichardson, without any warrant of authority or legal right whatever; and prays that he may answer by what authority he claims to have and hold, and assume to exercise and enjoy the said franchise and office.
In the answer, the plaintiff denies the material allegations in the information, and then substantially avers, that the office of delinquent tax collector was vacant, and that on…
2Cited by16 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
- Lamar v. AllenSupreme Court of Georgia · 1899
- State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
- Board of Park Com'rs v. City of NashvilleTennessee Supreme Court · 1915
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