Legal Opinion

State ex rel. First National Bank v. Cook

Nebraska Supreme Court

Decided January 3, 1895No. 5483PublishedCited by 16 opinions

Original application for mandamus. cited, to the contention inter alia that a warrant prima facie valid should be paid: Ray v. Wilson, 10 So. Rep. [Fla.], 613. The warrant is invalid because no annual appropriation bill was passed by the council within the first quarter of the fiscal year.

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Original application for mandamus. cited, to the contention inter alia that a warrant prima facie valid should be paid: Ray v. Wilson, 10 So. Rep. [Fla.], 613. The warrant is invalid because no annual appropriation bill was passed by the council within the first quarter of the fiscal year. (Town of Olin v. Myers, 7 N. W. Rep. [Ia.], 509; 1 Dillon, Municipal Corporations, sec. 291; State v. Gray, 23 Neb., 365; Consolidated Statutes, secs. 2899, 2902, 2909, 2911; City of Blair v. Lantry, 21 Neb., 258.) Courts will not grant a mandamus to a person to do any act when it is doubtful whether he…

1Opinion of the Court

Irvine, C.

This is an original application for a writ of mandamus to compel the respondent-, treasurer of the city of York, to pay a warrant alleged to have been issued by the authorities of that city in favor of the relator for $1,789. It is alleged that this warrant was drawn on the water fund, and that the respondent has in his possession over $3,000 in said water fund applicable to the payment of the warrant. The warrant is dated August 15, 1889, and indorsed as having been presented on the same day, and not paid for want of funds. The answer admits that the treasurer now holds in his…

2Cases cited7 opinions

  1. People ex rel. Hurd v. JohnsonIllinois Supreme Court · 1881
  2. School District No. Two v. StoughNebraska Supreme Court · 1876
  3. Union Pacific Railroad v. Board of County CommissionersNebraska Supreme Court · 1880
  4. Dana & Brother v. City of San FranciscoCalifornia Supreme Court · 1861
  5. People ex rel. Harms v. KlokkeIllinois Supreme Court · 1879

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3Cited by16 opinions

  1. Bartley v. StateNebraska Supreme Court · 1898
  2. State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
  3. Garfield Township v. CrockerSupreme Court of Kansas · 1901
  4. Lincoln National Bank & Trust Co. v. School District No. 79Nebraska Supreme Court · 1933
  5. County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931

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