(Download) "Lincoln Fire Fighters Association v. City" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: Lincoln Fire Fighters Association v. City
- Author : Supreme Court of Nebraska
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The respondent contends that the indictment was faulty, first, because it does not set out that the respondent was "the officer, agent, or servant of a corporation, public or private, or the clerk, servant or agent of a person within the meaning of R. L., c. 450, s. 28 ", and secondly, he objects because it does not "fully and plainly, substantially and formally", describe the crime of which he is accused. Both these exceptions are overruled. The State Liquor Commission created by R. L., c. 170, and for which the defendant worked, is in effect a State agency and a part of the State government. St. Regis Co. v. Board, 92 N.H. 164, 166, 167. The State itself is a body politic. Const., Pt. II, Art. 1. Under the provisions of R. L., c. 7, s. 9, the word person may "extend and be applied to bodies... politic as well as to individuals." Dinnin v. Hutchins, 75 N.H. 470, 471. All monies and property in possession of the commission or its employees belong to the State which the commission and its employees serve and to which they are responsible. It may fairly be said that the Commission in the realm of facts "has but imaginary existence apart from that of the State itself" and that the respondent was a servant of the State. See St. Regis Co. v. Board, supra. This is in keeping with the facts of the situation and consistent with the comprehensive construction which our decisions hold should be given to R. L., 450, s. 28, State v. Barter, 58 N.H. 604, 605.