Ayres v. Moan
Nebraska Supreme Court
Error to the district court for Dakota county. Tried below before Norris, J. It was the duty of the board to receive the proof offered. (Clark v. Holmes, 1 Doug. [Mich.], 390; State v. Nemaha Co., 10 Neb., 33; State v. Nelson, 21 Id., 578.) The filing of a petition properly signed is jurisdictional. The board is an inferior tribunal, and the facts which give it jurisdiction must appear on its record. (Smith v. Rice, 11 Mass., 513; Henry v. Esles, 127 Id., 474; Hallv.
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Error to the district court for Dakota county. Tried below before Norris, J. It was the duty of the board to receive the proof offered. (Clark v. Holmes, 1 Doug. [Mich.], 390; State v. Nemaha Co., 10 Neb., 33; State v. Nelson, 21 Id., 578.) The filing of a petition properly signed is jurisdictional. The board is an inferior tribunal, and the facts which give it jurisdiction must appear on its record. (Smith v. Rice, 11 Mass., 513; Henry v. Esles, 127 Id., 474; Hallv. Howd, 10 Conn., 514; Neuman v. Manning, 89 Ind., 422; State v. Berry, 12' la., 58; State v. Metzger, 26 Mo., 65; Chandler v.…
1Opinion of the Court
Maxwell, Ch. J.
This is a proceeding in error to the district court of Dakota county, where the cause was heard before Judge W. F. Norris, upon a proceeding in error to the board of county commissioners of that county.
The facts disclosed by the record are that a petition was presented to the county boai’d of Dakota county, asking said board to call an election for the purpose of voting upon the question of the relocation of the county seat of Dakota county. The application was resisted by a remonstrance of what was shown and claimed to be more than two-fifths of the legal voters of Dakota…
2Cases cited2 opinions
- People ex rel. Darnell v. County CommissionersNebraska Supreme Court · 1874
- Herman v. EdsonNebraska Supreme Court · 1879
3Cited by11 opinions
- State ex rel. Case v. Superior CourtWashington Supreme Court · 1914
- Hindman v. BoydWashington Supreme Court · 1906
- Taylor v. NuetzelCourt of Appeals of Kentucky (pre-1976) · 1927
- Mathews v. HedlundNebraska Supreme Court · 1908
- Rickey v. WilliamsWashington Supreme Court · 1894
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