Reports Of Cases In The Supreme Court Of Nebraska (volume 4) by Nebraska. Supreme CourtReports Of Cases In The Supreme Court Of Nebraska (volume 4) by Nebraska. Supreme Court

Reports Of Cases In The Supreme Court Of Nebraska (volume 4)

byNebraska. Supreme Court

Paperback | January 4, 2012

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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1876. Not illustrated. Excerpt: ... State, ex rel., Roberts v. The Mayor. on the first Tuesday in April, 1875. That after this, his second election, he continued to hold the office until the 28th day of May, when he delivered to the mayor and council his written resignation. This he says was not formally accepted, at least not until after the 27th of December, at which time he made a written request to withdraw it. In the absence of some statutory provision, we know of no rule which requires such resignation to be accepted by the municipal authorities,to make it effective. Their refusal even, to accept it, would not have the effect to compel him to retain the office against his will. We must hold, therefore, that by his written resignation of the office to the mayor and council, on the 28th of May, the relator ceased to be such city engineer. The United States v. Wright, 1 McLean, 509. The People v. Porter, 6 Cal, 26. Again, the relator has a plain and adequate remedy, by an ordinary civil action against the city to recover a money judgment for any sum that may be justly due him for his services. Where this is the case, resort should not be had to this extraordinary remedy. The other judges concur, and the writ is denied. Writ Denied. Lash v. Christie. Joseph W. Lasu, Plaintiff In Erbor, V. John C. Christie, DEFENDANT IN EEROE. 1. Practice: Waiver Ok Error. Error alleged to have been commitied by the district court, in the reversal of a judgment rendered in favor of the plaintiff before a justice of the peace, held to be waived, no exception being taken, and plaintiff filing a petition as provided by the code. Gen. Stat., 632, 687. 2. :Defects IN Petition. Alleged defects in a petition that "a copy of the note sued on is not attached to or filed with" it, and that "the names of parties are not properl...
Title:Reports Of Cases In The Supreme Court Of Nebraska (volume 4)Format:PaperbackDimensions:192 pages, 9.69 × 7.44 × 0.41 inPublished:January 4, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217040721

ISBN - 13:9780217040723