People ex rel. Darnell v. County Commissioners
Nebraska Supreme Court
This was an application to this court, in the exercise of its original jurisdiction, for a peremptory writ of mandamus to compel the county commissioners of Hamilton county to post notices of the re-location of the county seat of said county at Aurora, in accordance with the result of a vote taken at the general election on the second Tuesday of October, 1873, and to remove the records of the county to that place.
Read the full summary
This was an application to this court, in the exercise of its original jurisdiction, for a peremptory writ of mandamus to compel the county commissioners of Hamilton county to post notices of the re-location of the county seat of said county at Aurora, in accordance with the result of a vote taken at the general election on the second Tuesday of October, 1873, and to remove the records of the county to that place. The application was substantially as follows: “To the Supreme. Court of the State of Nebraska: Your petitioner, Thomas Darnell, respectfully represents and states to the court that…
1Opinion of the CourtMaxwell, J.
The principal question presented in this case is the sufficiency of the notice given of the election, to be held for the purpose of a re-location of the county seat.
Cooley, in his work on Constitutional Limitations, says: “ "When, however, both the time and place of an election are prescribed by law, every voter has a right to take notice of the law, and to deposit his ballot at the time and place appointed, notwithstanding the officer whose duty it is to give notice of the election has failed in that duty. The notice to be thus given is only additional to that which the statute itself gives,…
2Cases cited1 opinion
- People ex rel. Chadwick v. County OfficersMichigan Supreme Court · 1866
3Cited by6 opinions
- Ayres v. MoanNebraska Supreme Court · 1892
- State ex rel. Omaha & Republican Valley Railroad v. BabcockNebraska Supreme Court · 1887
- Herman v. EdsonNebraska Supreme Court · 1879
- Flanigan v. BurrittNevada Supreme Court · 1918
- State ex rel. Hocknell v. RoperNebraska Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.