State ex rel. Fair v. Frazier
Nebraska Supreme Court
Original action in nature of quo warranto. The supreme court has jurisdiction of the subject-matter and of the person of respondent. (Const., art. 5, sec. 2; State v. Allen, 5 Kan., 213; Stale v. Wilson, 30 Id., 661.) The statutory remedy by contest is merely cumulative. (Comp.
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Original action in nature of quo warranto. The supreme court has jurisdiction of the subject-matter and of the person of respondent. (Const., art. 5, sec. 2; State v. Allen, 5 Kan., 213; Stale v. Wilson, 30 Id., 661.) The statutory remedy by contest is merely cumulative. (Comp. Stats., ch. 71; Kane v. People, 4 Neb., 509,513; State v. Griffey, 5 Id., 161; State v. Stein, 13 Id., 530.) Indians are aliens, acknowledging no allegiance to state laws and exempt from taxation thereby. (Cherokee Nation v. Georgia, 5 Pet. [U.S.],1; Worcester v. Georgia, 6 Id., 515; U. S. v. Rogers, 4 How. [U. S.],…
1Opinion of the CourtCobb, J.
The attorney general having declined to appear for the state, the relator brought his original petition in quo warranto against Kelley W. Frazer, of Dakota county, alleging that he is a citizen of the United States, and of the state of Nebraska, and a duly qualified elector and resident of the county of Dakota, in said state, and was such on the 6th day of November, 1888, and at that time possessed all the qualifications required by law to enable him to hold the office of county attorney in and for said county.
He further alleges that the election was held on the 6th day of November, 1888, in…
2Cases cited5 opinions
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- People ex rel. Farrington v. WhitcombIllinois Supreme Court · 1870
- Dart v. HoustonSupreme Court of Georgia · 1857
- Kane v. People ex rel. SnyderNebraska Supreme Court · 1876
- People ex rel. Lord v. EveryMichigan Supreme Court · 1878
3Cited by9 opinions
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
- State Ex Rel. Watkins v. FernandezSupreme Court of Florida · 1932
- State ex rel. Crawford v. NorrisNebraska Supreme Court · 1893
- Parks v. State ex rel. OwensSupreme Court of Alabama · 1892
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