State ex rel. James v. Lynn
Nebraska Supreme Court
Original proceeding in nature of quo warranto. A justice of the peace is a township officer, and a vacancy in the office must be filled by the town board. (Comp. Stats., 1887, ch. 18, art. 4, secs. 19, 47; sec. 19, p. 318; sec. 7, p. 387; so held of supervisor, State v. Taylor, 26 Neb., 580.) Relator was entitled to hold until his successor was elected and qualified.
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Original proceeding in nature of quo warranto. A justice of the peace is a township officer, and a vacancy in the office must be filled by the town board. (Comp. Stats., 1887, ch. 18, art. 4, secs. 19, 47; sec. 19, p. 318; sec. 7, p. 387; so held of supervisor, State v. Taylor, 26 Neb., 580.) Relator was entitled to hold until his successor was elected and qualified. (Const., art. 6, secs. 18, 20; Maxwell, J. P. [1888 Ed.], 19.) As no successor qualified there was no vacancy, the acts of the board were void, and its appointee au intruder. (McCrary, Elections [3d Ed.], secs. 313,328 ;…
1Per curiam
This is an action of quo warranto brought by the relator to oust the defendant from the office of justice of the peace of the Fourth ward of the city of Hastings, and instate the relator therein.
It appears from the record that on the 13th day of January, 1888, the relator was appointed justice of the peace for- the Fourth ward of the city of Hastings, and thereupon gave a bond, which was duly approved, and took the oath required by law. At the election in November, 1888, one E. C. Sawyer was elected justice of the peace for said ward, and on the 10th day of January, 1889, duly filed his bond…
2Cited by4 opinions
- Holt County v. ScottNebraska Supreme Court · 1897
- McMillin v. RichardsNebraska Supreme Court · 1895
- State ex rel. Warden v. KnightWisconsin Supreme Court · 1892
- Holt County v. ScottNebraska Supreme Court · 1897