State ex rel. Attorney General v. Leidtke
Nebraska Supreme Court
Original application for mandamus. An alternative writ was issued at July Term 1880, and upon a hearing thereof, with return of respondent, and -report of referree appointed to take testimony, a peremptory writ was-awarded.
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Original application for mandamus. An alternative writ was issued at July Term 1880, and upon a hearing thereof, with return of respondent, and -report of referree appointed to take testimony, a peremptory writ was-awarded. The alternative writ was as follows: The State of Nebraska, To E. W. Leidtke, auditor of public accounts of said’ state: Whereas it has been suggested to our' supreme court, sitting in Lincoln, in said state, that you have ever since the 9th day of January, 1879, held the office of auditor of public accounts, duly qualified and now acting in that capacity; that during the…
1Opinion of the CourtLake, J.
The sole question presented upon this relation and the ■agreed facts, is simply whether the fees collected by the respondent, while acting as auditor of public accounts, for services rendered by him in administering the act relative to “ Insurance Companies,” belong to the state, or to him. In view of the following provision of the con*175stitution of this state, the question seems to ús to be a very simple one.
Sec. 24, Art. V., after fixing the salaries of various state officers, including that of the auditor of public 'accounts, provides that, “ they shall not receive, to their own use, any…
2Cited by8 opinions
- Moore v. StateNebraska Supreme Court · 1898
- Anderson v. LewisIdaho Supreme Court · 1898
- State ex rel. Cuming County v. ShearerNebraska Supreme Court · 1890
- State ex rel. Grable v. RoderickNebraska Supreme Court · 1888
- State ex rel. Board of County Commissioners v. HolmNebraska Supreme Court · 1903
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