State ex rel. First National Bank v. Cronin

Nebraska Supreme Court

State ex rel. First National Bank v. Cronin

101 N.W. 327, 72 Neb. 642, 1904 Neb. LEXIS 247

CourtNebraska Supreme Court

DecidedNovember 16, 1904

DocketNo. 13,665

StatusPublished

This text of 101 N.W. 327 (State ex rel. First National Bank v. Cronin) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. First National Bank v. Cronin, 101 N.W. 327, 72 Neb. 642, 1904 Neb. LEXIS 247 (Neb. 1904).

Pincite

Opinion

Barnes, J.

The application herein for a peremptory writ of mandamus was filed in this court at the same time that State, ex rel. First National Bank of Atkinson, v. Cronin, ante, p. 636, was .commenced; and an alternative writ was issued, returnable May 3, 1904. The application was based on a like state of facts, and the return to the alternative writ was the same as in the case above mentioned. It appears that at the time the action was commenced the relator had on deposit only $12,031.82 of the county funds, Avhen its pro rata share of said funds was $17,595. Under the undisputed facts, and the rule announced in the opinion cited, the relator is entitled to the relief prayed for, and a peremptory writ of mandamus is therefore allowed.

Writ alloaved.

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Barnes, J.

The application herein for a peremptory writ of mandamus was filed in this court at the same time that State, ex rel. First National Bank of Atkinson, v. Cronin, ante, p. 636, was .commenced; and an alternative writ was issued, returnable May 3, 1904. The application was based on a like state of facts, and the return to the alternative writ was the same as in the case above mentioned. It appears that at the time the action was commenced the relator had on deposit only $12,031.82 of the county funds, Avhen its pro rata share of said funds was $17,595. Under the undisputed facts, and the rule announced in the opinion cited, the relator is entitled to the relief prayed for, and a peremptory writ of mandamus is therefore allowed.

Writ alloaved.

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Bluebook (online)

101 N.W. 327, 72 Neb. 642, 1904 Neb. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-first-national-bank-v-cronin-neb-1904.