People ex rel. Hunter v. Peters
Nebraska Supreme Court
This was an application fox Mandamus to compel the defendant, as treasurer of a school district, to pay an order drawn upon him by the director and moderator. The order was in payment of material furnished by the relator to the school district, under an alleged contract entered into by the relator and certain officers of the district for the erection of a school house.
1Opinion of the Court
Lake, Ch. J.
I. To entitle the relator to the peremptory writ, he must establish the validity of the alleged contract for the erection of the school.house. In other words he must show that school district number eighty-four was a party to and hound by said contract. Has he done so?
From the testimony reported by the referee it is clearly shown, that the alleged contract was entered into by the relator of one part, and William Axe, director, and Henry Diffenbaugh, moderator, of said school district, of the other part. It does not purport to be the contract of the district in any respect, hut…
2Cited by7 opinions
- Martin v. StateNebraska Supreme Court · 1888
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- Markey v. School District No. 18Nebraska Supreme Court · 1899
- State ex rel. Sorensen v. Commercial State BankNebraska Supreme Court · 1934
- Bishop v. FullerNebraska Supreme Court · 1907
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