State ex rel. Packard v. Nelson
Nebraska Supreme Court
Original application for mandamus. Where the constitution defines the circumstances under which a right may be exercised, the specification is exclusive. (Cooley, Constitutional Limitations, p. 78.) The legislature cannot add to the constitutional qualifications of voters.
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Original application for mandamus. Where the constitution defines the circumstances under which a right may be exercised, the specification is exclusive. (Cooley, Constitutional Limitations, p. 78.) The legislature cannot add to the constitutional qualifications of voters. (State v. Baker, 38 "Wis., 86; Monroe v. Collins, 17 O. St., 665; State v. Symonds, 57 Me., 148; Lowe v. Com., 3 Met. [Ky.], 237.) Nor can it provide for the choice of officers a different mode from that prescribed by the constitution. (People v. Albertson, 55 N. Y., 50; Opinion of the Judges, 117 Mass., 603.) See also, as…
1Opinion of the Court
Maxwell, Ch. J.
This is an original action brought in this court, the cause of action being set forth as follows:
“First — That he is a resident, elector, and taxpayer of Knox county, Nebraska, and resides in that portion of the county proposed to be erected in the county of Union, and that the defendant is now, and ever since January, A. D. 1890, has been, the duly elected, qualified, and acting county clerk of said Knox county.
“Second — That on the 15th day of July, 1890, for the *164purpose of forming the new county of Union out of the county of Knox, comprising the two southern tiers of…
2Cases cited6 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Sears v. CottrellMichigan Supreme Court · 1858
- State v. ReidSupreme Court of Alabama · 1840
- People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
- Leggett v. . HunterNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Meyer v. County of LancasterNebraska Supreme Court · 1962
- State v. SheldonNebraska Supreme Court · 1907
- Varney v. City of AlbuquerqueNew Mexico Supreme Court · 1936
- Adams v. Fort Madison Community School DistrictSupreme Court of Iowa · 1970
- State ex rel. Slabaugh v. VinsonhalerNebraska Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.