State ex rel. Poole v. Robinson
| Decision Date | 08 September 1886 |
| Citation | 29 N.W. 246,20 Neb. 96 |
| Parties | THE STATE OF NEBRASKA, EX REL. WILLIAM H. POOLE, v. JOSEPH M. ROBINSON |
| Court | Nebraska Supreme Court |
QUO WARRANTO to test the right of respondent to exercise the office of register of deeds in Cass county.
Writ denied and cause dismissed.
Harwood, Ames & Kelly, and Chapman & Polk, for relator.
Crites & Ramsey, and Lamb, Ricketts & Wilson, for respondent.
The leading and controlling question in this case is identical with that in The State ex rel. Huff v. McClelland, 18 Neb. 236, 25 N.W. 77.
The case has been ably presented by counsel; the whole ground having been closely and thoroughly examined, and cases have been cited which seem to sustain the theory contended for by relator. But after a somewhat careful examination of the question, guided by the light of the constitution and law of this state, we are still of the opinion that the decision in the prior case was correct. The journals of the legislature are made competent evidence by section 418 of the civil code, and by them it is shown that the bill in question was not passed by the legislature.
It could serve no good purpose to re-examine the question or re-discuss the principles involved, as we are satisfied with the reasoning of Judge MAXWELL in The State v. McLelland.
It follows that the writ prayed for must be denied and the cause dismissed.
JUDGMENT ACCORDINGLY.
THE other judges concur.
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...v. State, 9 Neb. 125, 1 N.W. 1008; Ballou v. Black, 17 Neb. 389, 23 N.W. 3; State v. McLelland, 18 Neb. 236, 25 N.W. 77; State v. Robinson, 20 Neb. 96, 29 N.W. 246; re Groff, 21 Neb. 647, 33 N.W. 426; State v. Van Duyn, 24 Neb. 586, 39 N.W. 612; State v. Moore, 37 Neb. 13, 55 N.W. 299; In r......
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State ex rel. Ball v. Hall
...presumption would be overthrown and the act declared invalid. This court had a second register of deeds case before it in State v. Robinson, 20 Neb. 96, 29 N.W. 246, followed the former decision. These matters were discussed by this court in State v. Moore, 37 Neb. 13, 55 N.W. 299, which wa......
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State ex rel. Casper v. Moore
... ... of the certificate would be overthrown and the act declared ... invalid." (See also State, ex rel. Poole, v ... Robinson, 20 Neb. 96, 29 N.W. 246.) ... It is ... now settled that this court will look into the records and ... ...
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In re Groff
...had been changed to read "1,500" and signed in that form, was of no force or effect; and the same ruling was had in State v. Robinson, 20 Neb. 96, 29 N.W. 246. cases were argued by able attorneys and were carefully considered, and the conclusion reached, in our view, is the correct one and ......