State ex rel. Tzschuck v. Weston
Nebraska Supreme Court
Original application for Mandamus. It set forth that tlie relator bad, on tlie first day of February, 1875, been duly appointed, commissioned and qualified as adjutant general of tbe state, by bis excellency Silas Garber, Governor, and that be bad ever since performed tlie duties of that office and was fully entitled to tbe emoluments thereof; that the legislature at its session in 1873, appropriated tbe sum of four hundred and fifty dollars per annum as the salary of the…
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Original application for Mandamus. It set forth that tlie relator bad, on tlie first day of February, 1875, been duly appointed, commissioned and qualified as adjutant general of tbe state, by bis excellency Silas Garber, Governor, and that be bad ever since performed tlie duties of that office and was fully entitled to tbe emoluments thereof; that the legislature at its session in 1873, appropriated tbe sum of four hundred and fifty dollars per annum as the salary of the adjutant general; that he had drawn such salary up to the first day of November, 1875, but since that date the auditor of…
1Opinion of the Court
Lake, Ch. J.
This is a proceeding by mandamus to compel the defendant who is auditor of state, to draw his warrant upon the state treasurer, in favor of the relator in payment of'his salary as adjutant general of the state. The answer to the alternative writ raises several questions for our consideration which we will briefly notice.
I. Is the relator the officer which he claims to be? That he was, at least formally appointed to said office on the 1st day of February, 1875, is not disputed. But it is contended on behalf of the defendant, first: That the governor had no authority to make the…
2Cited by3 opinions
- State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
- Warner v. Auditor GeneralMichigan Supreme Court · 1902
- State ex rel. Horne v. HolcombNebraska Supreme Court · 1895