Legal Opinion

Hopkins v. Scott

Nebraska Supreme Court

Decided January 3, 1894No. 5492PublishedCited by 18 opinions

Error from the district court of Holt county. Tried below before Bartow, J. The facts are stated in the opinion. In the absence of statutory power a board of supervisors is without authority to sign, settle, and allow a bill of exceptions.

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Error from the district court of Holt county. Tried below before Bartow, J. The facts are stated in the opinion. In the absence of statutory power a board of supervisors is without authority to sign, settle, and allow a bill of exceptions. (Taylor v. Tilden, 3 Neb., 339; Kellogg v. Huntington, 4 Neb., 96; Rudolph v. Winters, 7 Neb., 127; Nickerson v. Needles, 32 Neb., 230; State v. Oleson, 15 Neb., 247; Donahue v. Will County, 100 111., 94.) The board could act without all members being present. (State v. Board of. Supervisors of Saline County, 18 Neb., 422.) filed a printed argument in favor…

1Opinion of the Court

Irvine, C.

On March 1,1892, John H. Hopkins filed his complaint before the board of supervisors of Holt county, charging that in November, 1891, Barrett Scott was elected county treasurer and qualified January 7, 1892, and then entered upon the duties of his office; that since the 7th day of January, 1892, Barrett Scott had been guilty of official misdemeanors and willful maladministration in his office in certain particulars specified in the complaint. The matters particularly charged may be summarized as depositing in and loaning to certain banks different sums of money, being the moneys of…

2Cases cited4 opinions

  1. Trumble v. TrumbleNebraska Supreme Court · 1893
  2. Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
  3. Lawson v. GibsonNebraska Supreme Court · 1885
  4. State ex rel. Berry v. BabcockNebraska Supreme Court · 1887

3Cited by18 opinions

  1. Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
  2. State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
  3. State ex rel. Baughn v. UreNebraska Supreme Court · 1912
  4. State v. HillNebraska Supreme Court · 1896
  5. State ex rel. Taylor v. HallNebraska Supreme Court · 1935

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