77-1765. Collection of taxes; suit on behalf of state; power of court to require disclosure; entry of judgment.
If any proceedings against any officer or person, whose duty it is to collect, receive, settle for or pay over any of the revenue of the state, whether the proceeding be by suit on the bond of such officer or person or otherwise, the court in which the proceeding is pending shall have power, in a summary way, to compel such officer or person to exhibit on oath a full and fair statement of all money by him collected or received, or which ought to be settled for or paid over, and to disclose all such matters and things as may be necessary to a full understanding of the case, and the court may, upon hearing, give judgment for such sum or sums of money as such officer or person is liable in law to pay. If in any suit upon the bonds of any such officer or person, he or his sureties, or any of them, shall not for any reason be liable upon the bond, the court may, nevertheless, give judgment against such officer and such of his sureties as are liable, for the amount he or they may be liable to pay, without regard to the form of the action or pleadings.
Source
Annotations
Suit is proper when duty to deliver money is purely ministerial. State v. Ure, 102 Neb. 648, 168 N.W. 644 (1918); State ex rel Hall v. Ure, 99 Neb. 486, 156 N.W. 1053 (1916).
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