State ex rel. School District v. Mayor of Omaha
Nebraska Supreme Court
Error to the district court for Douglas county. Heard before Savage, J., who refused the application made by the relator for a mandamus to compel the defendant to levy certain taxes, according to an estimate made by the relator. The motion was for a writ requiring the levy of eight mills, or of arate which would raise the amount estimated to be necessary.
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Error to the district court for Douglas county. Heard before Savage, J., who refused the application made by the relator for a mandamus to compel the defendant to levy certain taxes, according to an estimate made by the relator. The motion was for a writ requiring the levy of eight mills, or of arate which would raise the amount estimated to be necessary. The question presented was whether the city council had authority to revise and control this estimate, and to determine for itself whether or not it was necessary to raise such amount; and whether it had a discretion to provide for a less…
1Opinion of the Court
G-antt, Oh. J.
This cause is brought here on error to the decision of the district court upon an application for a peremptory writ of mandamus. The question raised in the case has reference to the proper construction of section 26 of the “ act relative to public schools in cities of the first class.”
In the interpretation of a statute, it is said that such construction ought to be put upon it. as. may best answer the intention which the makers had in view, and that this intention is sometimes to be collected from the act itself, and other acts in pari materia. Now if the act in question shall…
2Cited by1 opinion
- State ex rel. School District v. Mayor of OmahaNebraska Supreme Court · 1894