Legal Opinion

State ex rel. Clark v. Scott

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 1 opinion

Clark recovered judgment in this court in 1878 against the commissioners of Buffalo county on a mandamus to compel them to levy a tax and to draw warrants thereon, and deliver the same to him through the clerk until the full sum of $19,577.50 and interest thereon at ten per cent per annum from June 11th, 1873, should be fully paid.

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Clark recovered judgment in this court in 1878 against the commissioners of Buffalo county on a mandamus to compel them to levy a tax and to draw warrants thereon, and deliver the same to him through the clerk until the full sum of $19,577.50 and interest thereon at ten per cent per annum from June 11th, 1873, should be fully paid. In obedience to this mandate levies were made and warrants issued to liquidate said judgment for the years 1877,1878,1879,1880, and 1881. In 1879 the legislature reduced the rate of interest on county warrants from ten to seven per cent. The county treasurer having…

1Opinion of the CourtCobb, J.

The answer of the respondent is a complete defense to the cause of action as set out in the relation. Whatever legal or equitable rights the relator may have as against *149Buffalo county, of which we express no opinion, it is very clear that the respondent is not in default. The respondent being merely a ministerial officer, is charged with no knowledge but that to be derived from an inspection of the warrants themselves. , Such inspection conveys no information as to the consideration for which they were issued. They bear date the 25th June, 1880, and call for the payment of five hundred…

2Cited by1 opinion

  1. State ex rel. Grable v. RoderickNebraska Supreme Court · 1888

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