Legal Opinion

Hunter v. State ex rel. Patterson

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 1 opinion

Error to the district court for Wayne County. Heard below before Barnes, J. At time notice was served an injunction was in full force restraining removal of county seat, offices, etc. The injunction being against the county was binding on all individuals acting for the county. People v. Sturtevant, 5 Seld., 263. Mandamus will not lie. High Ex. Leg. Eem., 23. The State, ex rel. Peed, v. Ramsey, 8 Neb., 291. Eesult of an election cannot be decided by mandamus.

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Error to the district court for Wayne County. Heard below before Barnes, J. At time notice was served an injunction was in full force restraining removal of county seat, offices, etc. The injunction being against the county was binding on all individuals acting for the county. People v. Sturtevant, 5 Seld., 263. Mandamus will not lie. High Ex. Leg. Eem., 23. The State, ex rel. Peed, v. Ramsey, 8 Neb., 291. Eesult of an election cannot be decided by mandamus. The State v. Palmer, 10 Neb., 203. Injunction was not binding on defendants below. It did not run against them but against county…

1Opinion of the CourtMaxwell, J.

An election was held in Wayne county on the 5th day of December, 1882, for the relocation of the county seat of that county. The whole number of votes polled at that election was 410, of which the town of Wayne received 293, which being more than three-fifths of all the votes cast, entitled it to become the county seat. On the 9th day of March, 1883, D. C. Patterson, as relator, applied to Judge' Baúnes, at Ponca, for a peremptory writ of mandamus to compel the clerk, treasurer, judge, and sheriff of said county to remove their respective offices, with the records and papers pertaining…

2Cases cited2 opinions

  1. Commissioners of Jefferson County v. People ex rel. GriggsNebraska Supreme Court · 1876
  2. State v. ThatchNebraska Supreme Court · 1876

3Cited by1 opinion

  1. State ex rel. Hocknell v. RoperNebraska Supreme Court · 1896

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