Legal Opinion · Dissent

Maxwell v. Reisdorf

Nebraska Supreme Court

Decided November 28, 1911No. 17,212Published

Appeal from the district court for Platte county: George H. Thomas, Judge.

1Dissent

Sedgwick:, J.,

dissenting.

The licensing board is not a court. It acts in an administrative and only quasi-judicial capacity. It is necessary for it to take some ministerial and administrative actions in order to get the matter ready for hearing. In every, case in which this court has spoken of the jurisdiction of this board, it has plainly referred to its power to grant the license, and not to its method of obtaining, as we would say of a court, jurisdiction of the subject matter. The law does not require the board to give notice that there will be an application for license heard at a certain…

2Cases cited4 opinions

  1. State ex rel. Conway v. WeberNebraska Supreme Court · 1886
  2. Zielke v. StateNebraska Supreme Court · 1894
  3. Livingston v. CoreyNebraska Supreme Court · 1891
  4. Feil v. Kitchen Bros. Hotel Co.Nebraska Supreme Court · 1898

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