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BOYD v. NEBRASKA EX REL. THAYER

No. 1203.

143 U.S. 135 (1892)

12 S.Ct. 375

36 L.Ed. 103

BOYD, v. NEBRASKA ex rel. THAYER.

Supreme Court of United States.

Decided February 1, 1892.

Attorney(s) appearing for the Case

Mr. James C. Cowin, Mr. Henry D. Estabrook and Mr. A.H. Garland for plaintiff in error.

Mr. John F. Dillon and Mr. John L. Webster (with whom was Mr. Joseph H. Blair on the brief) for defendant in error.

James E. Boyd, the plaintiff in error.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

(1) In State of Nebraska ex rel. Glenn v. Stein, 13 Nebraska, 529, it was held that where the State at large was interested in a proceeding in quo warranto, the attorney general was, as at common law, the proper person to institute it, but when the information was filed by an individual to oust the incumbent from an office and install the relator...

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