State ex rel. Elliott v. Holliday
Nebraska Supreme Court
Original application for mandamus. An executive officer may be required to perform ministerial or executive duty, though party interested may have a remedy at law against him for failure to do so.
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Original application for mandamus. An executive officer may be required to perform ministerial or executive duty, though party interested may have a remedy at law against him for failure to do so. (.Fremont v. Crippen, 10 Cal., 211; People v. McClay, 2 Neb., 7; Williams v. Smith, 6 Cal., 91; People v. Fleming, 4 Denio [N. Y.], 137.) Until it is made to appear that application was first made to court entering decree, or that the latter court is powerless to enforce its decree, mandamus will not issue from this court. (State v. Fillmore Co., 32 Neb., 870; State v. Moores, 29 Id., 122; Pickett…
1Opinion of the Court
Maxwell, Gh. J.
This is an action for a peremptory writ of mandamus to. compel the defendant, who is sheriff of Custer county, to advertise sales of real estate under foreclosure of mortgages in certain newspapers.
It is alleged in the petition “ That the relator, who is an attorney at law in regular practice in the courts of Nebraska, did, on the 24th day of October, 1891, the same being one of the regular days of the October, 1891, term of the district court of Custer county, Nebraska, as attorney for the plaintiff therein, obtain a decree of foreclosure in said district court in a certain…
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