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7 Neb. 108

Owen v. State

Nebraska Supreme Court

Decided January 15, 1878

Nebraska Supreme Court · decided 1878-01-15

Heard upon demurrer to petition before Pound, J., who sustained the same, and rendered judgment dismissing the cause for want of jurisdiction.

Cited by 1 later decisions — most recently May 1883

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-15

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Lake, J.

¶1The action in the court below was an original proceeding to recover $875.32, money alleged to be due from the state to the plaintiffs as assignees of a large number of accounts for supplies, etc., furnished on the credit of the state by the persons from whom they were received.

¶2The case falls within the rule that the state cannot be sued upon claims by original action, but only by appeal from the decision of the auditor of public accounts and *109secretary of state. It follows, therefore, that the district court was without jurisdiction, and its judgment dismissing the action must be affirmed.

¶3Judgment accordingly.

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