Legal Opinion

State ex rel. Churchill v. Bemis

Nebraska Supreme Court

Decided September 17, 1895No. 7947PublishedCited by 40 opinions

Original action in the nature of quo warranto, on the relation of the attorney general, to determine the rights of rival claimants to the offices of fire and police commissioners of the city of Omaha. The facts are stated in the opinion. The act of 1895, chapter 10, Session Laws, is void because the section of the act it purports to amend and repeal did not exist, and it therefore has nothing to rest on.

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Original action in the nature of quo warranto, on the relation of the attorney general, to determine the rights of rival claimants to the offices of fire and police commissioners of the city of Omaha. The facts are stated in the opinion. The act of 1895, chapter 10, Session Laws, is void because the section of the act it purports to amend and repeal did not exist, and it therefore has nothing to rest on. (Ex parte McCardle, 7 Wall. [U. S.], 514; Coffin v. Rich, 45 Me., 507; Rogge v. State, 17 Neb., 143; State v. Berlca, 20 Neb., 377; State v. Babcock, 23 Neb., 133; State v. Benton, 33 Neb.,…

1Opinion of the Court

Post, J,

This is an original proceeding in the nature of a quo warranto, on the relation of the attorney general, under the provisions of section 714 of the Civil Code, to determine the rights of the respondents, who claim to be members of the board of fire and police commissioners for the city of Omaha. By section 145 of the act of 1887, entitled “An act incorporating metropolitan cities, and defining, regulating, and prescribing their duties, powers and government,” hereafter referred to as the charter of the city of Omaha, provision is made for a board of fire and police commissioners…

2Cases cited30 opinions

  1. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  2. Ely and Others v. . HoltonNew York Court of Appeals · 1857
  3. People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
  4. Price v. HopkinMichigan Supreme Court · 1865
  5. City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889

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3Cited by40 opinions

  1. State v. McKinneyMontana Supreme Court · 1904
  2. State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
  3. State ex rel. Baughn v. UreNebraska Supreme Court · 1912
  4. State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
  5. State Ex Rel. Buttz v. Marion Circuit CourtIndiana Supreme Court · 1947

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