State ex rel. Broatch v. Moores
Nebraska Supreme Court
Original action in the nature of quo warranto to oust respondent from the office of mayor of the city of Omaha. Heard on general demurrer to answer of respondent. The opinion by Norval, J., contains a statement of the issues. It is the duty of a clerk of the district court to pay within ten days, without demand, to the county treasurer all moneys received as fines.
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Original action in the nature of quo warranto to oust respondent from the office of mayor of the city of Omaha. Heard on general demurrer to answer of respondent. The opinion by Norval, J., contains a statement of the issues. It is the duty of a clerk of the district court to pay within ten days, without demand, to the county treasurer all moneys received as fines. (Constitution, art. 8, sec. 5; Criminal Code, secs. 583, 534; Compiled Statutes, ch. 80, art. 2, sec. 2; Hazeletv. Holt Gownty, 51 Neb., 716.) The word “eligible” as used in the Constitution and in chapter 26, section 64, Compiled…
1Opinion of the CourtNorval, J.
This was an application by the state, on the relation of William J. Broatch, for a writ of quo warranto against Prank E. Moores to test the right of the respondent to hold the office of mayor of the city of Omaha. The averments of the application or information, so far as they are material to an understanding of the questions involved, may be summarized as follows:
1. That at an election duly held in the city of Omaha in November, 1895, relator, being qualified and eligible thereto under the constitution and laws of the state, was elected mayor of said city for the term of two years commencing…
2Cases cited29 opinions
- Shelby v. AlcornMississippi Supreme Court · 1858
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Searcy v. GrowCalifornia Supreme Court · 1860
- Rockwell v. . NearingNew York Court of Appeals · 1866
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3Cited by19 opinions
- Finklea v. FarishSupreme Court of Alabama · 1909
- Slater v. VarneyWest Virginia Supreme Court · 1951
- State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
- State Ex Rel. Dostert v. RigglemanWest Virginia Supreme Court · 1972
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1898
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