State ex rel. Grable v. Roderick

Reese, Ch. J.

This is a' proceeding by mandamus, to compel the defendant to pay to the relator certain money in his hands alleged to be due the city of Beatrice. The action was instituted in this court on the 14th day of February, 1888, when the defendant demurred to the petition, on the ground that the facts stated therein were not sufficient to entitle the relator to the relief prayed. The demurrer was overruled. The decision is reported in the 23d Neb., page 505. As the averments of the petition are fully stated in the opinion written by Judge Maxwell, they need not be restated here.

Upon…