State ex rel. Smyth v. Magney
Nebraska Supreme Court
Original action in the nature of quo warranto by the state on relation of the attorney general tO' oust respondents from offices to which they were appointed under the provisions of chapter 25, Session Laws of 1897, entitled “An act to create a municipal court in cities of the metropolitan class, and to fix and define the organization, powers, and jurisdiction of the same.” Act held unconstitutional and writ of ouster awarded.
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Original action in the nature of quo warranto by the state on relation of the attorney general tO' oust respondents from offices to which they were appointed under the provisions of chapter 25, Session Laws of 1897, entitled “An act to create a municipal court in cities of the metropolitan class, and to fix and define the organization, powers, and jurisdiction of the same.” Act held unconstitutional and writ of ouster awarded. The act is unconstitutional because it contains two subjects, only one of which is expressed in the title. (Constitution, sec. 11, art. 3; Ives v. Norris, 13 Neb., 252;…
1Opinion of the CourtNorval, J.
The validity of chapter 25, Session Laws, 1897, an act creating a municipal court in each city of the metropolitan class', is assailed by the relator upon nine distinct grounds, of which one alone will be noticed, namely, that section 8 of said act contravenes section 19, article 6, of the constitution of the state, since said section 8, in its *513scope, purpose, and effect, attempts to curtail or abridge the jurisdiction and powers of justices of the peace, county and district courts in each county in which a metropolitan city is located. The section of the constitution invoked by relator…
2Cases cited22 opinions
- Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
- People ex rel. Smith v. Judge of the Twelfth DistrictCalifornia Supreme Court · 1861
- Myers v. PeopleIllinois Supreme Court · 1873
- State ex rel. Selden v. BerkaNebraska Supreme Court · 1886
- State ex rel. Miller v. Board of CommissionersNebraska Supreme Court · 1885
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3Cited by13 opinions
- State v. LotterNebraska Supreme Court · 1998
- City of Scottsbluff v. TiemannNebraska Supreme Court · 1970
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Schweitzer v. American National Red CrossNebraska Supreme Court · 1999
8 more not listed; retrieve them via the Exa API.