Preliminary Matter Including State and Federal Constitutions

Preliminary Matter Including State and Federal Constitutions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...393; 83 N. W. 176. 78.1: the district court mistakes or misconstrues the mandate of the supreme court, its obedience may be enforced by mandamus. State v. Omaha Natl. Bank, 60 Neb. 232: 82 N. W. 850. 79. Obedience to a mandate may be compelled by mandamus, and injunction granted by the lower court, which interfers with a. party's rights under the mandate, will be vacated. State ea: rel. v. Dickinson, 63 Neb. 869; 89 N. W. 431. 80. In a proper case where the voters have ordered the removal of the school house to a new site the board will be compelled to make the removal. Zimmerman v. State, 60 Neb. 633; 83 N. W. 919. 81. A foreign corporation, by reason of having done one or more of the criminal acts mentioned in sec. 2 of the "Antitrust law," 11501, may by injunction or quo warranto be excluded from the state. State v. Standard Oil Co., 61 Neb. 28; 84 N. W. 413; 87 Am. St. R. 449. 82. City authorities can not be compelled by mandamus to levy a tax in excess of the limit allowed at the time of making the contract upon which plaintiff bases his petition. State v. City of Wahoo. 62 Neb. 40; 86 N. W. 923. 83. A taxpayer may commence and prosecute an equitable action to enforce for the benefit of a municipal or public corporation a right of action which its governing body has refused to enforce; in such case the corporation should be made a party defendant. Shepard v. Easterling, 61 Neb. 882; 86 N. W. 941. 84. The courts will not by means of the writ of mandamus compel municipal or public corporations to perform specifically their ordinary business contracts. State 6.1: rel. v. Mortensen, --Neb.--; 95 N. W. 831. In what case not to issue. 85. Where the duty sought to be enforced is imposed upon the respondent himself, and does...
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Product details

  • Paperback | 756 pages
  • 189 x 246 x 38mm | 1,324g
  • United States
  • English
  • black & white illustrations
  • 1236956451
  • 9781236956453