38 Neb. 237 | Neb. | 1893
This is an original application for a mandamus brought against school district No. 24 of Chase county, Nebraska, and its treasurer, H. H. Waggener. The petition alleges the "existence of an indebtedness on various accounts on the part of said school district, and that the several evidences 'of indebtedness have been duly assigned to the relator, and that the school district refuses to pay the same. The
This petition was filed June 30,1892; and it is probable that the present status of affairs in that school district would require in this petition an amendment for the purpose 'of submitting the case properly. There has been no brief served or filed, so far as the record shows, and no answer made. In view of these facts, and the further fact that this mandamus proceeding is brought simply for the collection of a debt due from the school district to private individuals, we are compelled to follow the rule laid down-in State, ex rel. Herpolsheimer, v. Lincoln Gas Co., 38 Neb., 33. The application is therefore dismissed without prejudice.
Dismissed.